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A UNRECORDED POWER OF ATTORNEY IS LOST AND THE PERSON WILL NOT EXECUTE A NEW 1 IS THE ORIGINAL NOTE & MORTGAGE STILL ENFORCEABLE
Thomas's answer
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Answered on July 06, 2012
Yes as long as the original was in existence and not revoked at the time the note and mortgage were executed. Having said that, it is likely the...
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My sister & I were designated co-executors of my mothers estate. We signed a formal waiver declining our executor's fee, without
Thomas's answer
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Answered on July 05, 2012
Yes. The beneficiaries merely need to agree when they sign off on the release. If they don't, seek approval of your account from the court.
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If all of the duties of the executor have been completed is there anything else that's needs to be done ?
Thomas's answer
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Answered on July 03, 2012
If everything is done, then the estate is closed in one of four ways: (1) a distribution with no paperwork (foolish for the executor), (2)...
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How can I protect or continue the wishes of my (our) mother that her real property remain in the bloodline?
Thomas's answer
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Answered on July 02, 2012
As the other attorneys said, it's tough to give you exact advice without seeing the trust. If it is a true bloodline trust, you should already be...
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If an Executrix fails to report money she removed from parents and put in her personal account be solely liable to the IRS?
Thomas's answer
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Answered on June 22, 2012
The Estate is liable and the IRS would expect payment from same. However, the beneficiaries of the estate can move in probate court to have the...
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Must their debt be paid from the insurance policy of the person that died?
Thomas's answer
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Answered on June 21, 2012
If insurance is paid to one or more individual beneficiaries, the answer is no. If it is payable to the estate, the answer is yes.
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Does a trustee handle assets for a minor until 18 or 21 in New Jersey?
Thomas's answer
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Answered on June 20, 2012
An Executor does not have the authority to handle the assets of another individual unless he or she is formally given the authority to do so in the...
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Can NJ widow sell late husbands PA land that was willed to her without having her name on the deed?
Thomas's answer
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Answered on June 19, 2012
If she is the Executor, she can likely do it with one deed. However, real estate is state specific. So even though an estate has been presumably...
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Guardianship for a minor question.
Thomas's answer
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Answered on June 18, 2012
As Mr. Levine accurately states, you need to contact the Surrogate's office to obtain the guardianship papers. However, since you have indicated...
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What are my options for my mothers estate?
Thomas's answer
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Answered on June 12, 2012
You are entitled to a notice of probate within 60 days after the will has been probated and an accounting after one year. It appears both of these...
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