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New Jersey Estate Tax Question. Is house transferred to joint irrevocable "Medicaid" trust taxable to second spouse to die?
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Answered on January 09, 2013
To give you a completely accurate answer, I would need to review the trust. Having said that, most likely the entire value is likely taxable to...
Beneficiary named in will is 'incapacitated person' - can estate pay to their trust or must they pay to the person?
Thomas's answer
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Answered on January 02, 2013
The other answers are correct. To clarify one of the points made, if the incapacitated person is receiving needs based benefits such as SSI or...
Archived
Do I have a right to see the final accounting before signing the release forms.
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Answered on December 31, 2012
Yes. An estate can wrapped up in one of four ways. First, the executor can merely send you a check. However, in doing so, they open themselves...
Archived
Planning on hiring estate lawyer for dispute: What is retainer fee vs flat fee?
Thomas's answer
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Answered on December 10, 2012
A retainer and a flat fee are two different concepts. A retainer is a deposit on the work done. It possible can represent the entire fee which is...
Archived
Funeral expenses
Thomas's answer
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Answered on December 01, 2012
I think the matter may be simpler. The funeral is done. The mother wanted to handle it. She can pay for it. This is not really a probate...
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How to file "order to show cause" in New Jersey Probate/Surrogate Court?
Thomas's answer
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Answered on November 29, 2012
If one attorney is out of your price range, consider another. Also, if you father has passed on and his Will has been probated, it is a public...
Archived
Does New Jersey Legal Aid handles estate matters?
Thomas's answer
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Answered on November 26, 2012
No. In New Jersey, legal aid is typically limited to criminal matters and select matrimonial matters. Certain Surrogate offices will provide...
Archived
Our dads estate has been settled. we have still not received payment what can we do?
Thomas's answer
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Answered on November 20, 2012
File an action in probate court to compel distribution. If there is no just cause for the delay, the estate or even the executor may have to pay...
Archived
Currently seeking the a estate planning attorney in New Jersey.
Thomas's answer
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Answered on November 19, 2012
You make a lot of assumptions. However, people often do things they shouldn't and don't do things they should. Case point - getting married for a...
Archived
What are the duties of power of attorney? Don"t they need to keep a ledger and be able at anytime
to show spending?
Thomas's answer
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Answered on November 14, 2012
Let me make three points to your question. First, Anyone can act as power of attorney so long as they are over the age of 18 and mentally...
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