Within 5 days of my mother's death, my sister filed a "Complaint for probate of will" in NJ. What papers should I have gotten?
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Answered on September 03, 2013
Your sister has no obligation to give you anything on filing probate application. Will probate is deferred until 10 days after death. A caveat...
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How do I sell the house left in my father's trust?
Lawrence's answer
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Answered on September 03, 2013
You really need an estate attorney to do it right. You'll need inheritance tax waiver. Inheritance tax will be due on aunt's share. You'll need...
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My mother has a house,maybe 30 to 40 thousand in cash Ira life ins maybe more . She is living in nursing home after being rehab
Lawrence's answer
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Answered on September 03, 2013
Your post raises too many and too fact sensitive issues for a general forum like Avvo. POA ends at death and an executor is liable to pay estate...
What are the consequences of probate fraud in NJ?
Lawrence's answer
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Answered on September 03, 2013
Maybe but I doubt the police would get involved. However, it could be major grounds to have your sister removed as executrix. I strongly...
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My brother in law has been the caregiver to his mom for a number of years in NY.
He was told by DR. she should be in nursing
Lawrence's answer
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Answered on September 03, 2013
Depending on facts, mom may or may not have the right to give the house to B-I-L w/o Medicaid gift penalty. Since that is such an over riding...
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Does New Mexico have "caregiver undue influence" laws? Also, do changes in a will have any impact on events before a death?
Lawrence's answer
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Answered on September 03, 2013
Changes to a will have no impact until the testator dies but changes to a will can be evidence of undue influence, duress, etc. while the testator...
Does New Mexico have "caregiver undue influence" laws? Also, do changes in a will have any impact on events before a death?
Lawrence's answer
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Answered on September 03, 2013
There MAY be grounds to contest the will and your sister's share, but the issue is HIGHLY fact sensitive and likely time sensitive. You should see...
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My mother has a medicare/HMO. The healthcare provider wants us to pay because the HMO didn't pay.
Lawrence's answer
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Answered on September 03, 2013
Unfortunately, your question raises complex issues that almost surely require elder law counsel. Basically, the provider can bill if they haven't...
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How long does it roughly take for guardianship on an elder parent go through?
Lawrence's answer
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Answered on September 03, 2013
Time varies both by jurisdiction and whether there are issues. If the family can't agree, expect the procedure to take several months and be...
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If parent who chose no children as durable poa winds up in hospital then rehab 2x after fall then has to stay in the nursing
Lawrence's answer
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Answered on September 03, 2013
Basically, your father is responsible for his health care costs that aren't paid by Medicare or other insurance unless he obtains Medicaid. ...
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