My friend died in NJ without a will. He had 1 minor child with a woman he was never married to. He had no other family.

If the child is the only heir, the child gets the estate except the estate is held by the Surrogate until age 18 unless it is distributed to the...

Someone passes away (in New Jersey) leaving behind a current spouse and a former spouse (and in this case did not have a Will)

Good questions but they should be presented to a lawyer that you retain. Avvo is too general to provide answers on which you can act. Lawrence...

My father-in-law, passed away in February 2012, my brother-in-law who is executor has done nothing to settle the estate.

I would recommend you consult experienced trusts and estates counsel. You raise many potential issues and may need to protect your...

Can anything be legally done about adult children borrowing a large amount of money from elderly parents and not paying it back

You may have rights but it depends whether you can establish either elder abuse, fraud, unjust enrichment, or a contract. On the limited facts you...

The nursing home may or may not be within its rights and certainly any removal from the facility must be safe and meet your mother's needs. I...

In the course of estate planning, should one remove his/her spouse's name as beneficiary on accounts such as bank, brokerage?

There are no universal rules since it depends on your goals, but maximum tax deferral can be realized if IRA and qualified plan benefits have named...

If a senior only makes ss can a landlord sue her?

An individual is not relieved of liability under a lease merely because she is age 81 or has some dementia. However, SS has some built in...

My mother-in-law claims (but we doubt she has) POA over her mom, who owns our house. Can she evict us or must Grandma do it? ...

Since an agent under power of attorney acts for the principal, your mother in law can file eviction papers in the same manner as her mother...

Need help from an Elderlaw Attorney experienced in Medicaid applications and Medicaid qualified annuities for Mom in Somerset Co

Friedman Law has been practicing Medicaid/long term care in Somerset and Hunterdon Counties for over 20 years. It seems likely that an annuity...

My ex died and left me in charge of his estate. we are selling his house. his kid is benefiary. who pays capital gains.

What capital gains? A decedent's property normally takes a tax basis equal to date of death value. Lawrence Friedman, FriedmanLaw, Bridgewater,...