Archived
How can her son coach her to change her will when everyone knows she has had several brain stem strokes and is not of sound mind
Lawrence's answer
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Answered on January 07, 2013
Although sound legal advice isn't cheap, it always is beter to get letal advice sooner than later. An elder law attorney can assess the situation...
If a wife signed a prenuptial agreement, can they contest a will when their husband left her out of the will?
Lawrence's answer
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Answered on January 07, 2013
A prenuptial agreement can waive a spouse's right to inherit from a deceased spouse but pre-nuptial agreements can be challenged if unfair or not...
Archived
Father died 4 yrs ago. sister named executor of estate-probate filed. rcvd notice from NJ tax collecter-taxes not paid since dod
Lawrence's answer
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Answered on January 07, 2013
An executor has an obligation to preserve estate assets and can be removed or surcharged by Superior Court for failing to meet this obligation. In...
Archived
Should I consider a Special Needs Trust or Long Term Care insurance in case medicaid fails?
Lawrence's answer
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Answered on January 07, 2013
I would recommend a supplemental/special needs trust to the extent any family member or friend plans to leave money or assets to benefit your...
Archived
My husband wants to petition his brother and sister??
Lawrence's answer
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Answered on January 07, 2013
In New Jersey, there is no legal action called "petition" so it is not clear what you mean. If you are saying, your husband seeks guardianship...
Beneficiary named in will is 'incapacitated person' - can estate pay to their trust or must they pay to the person?
Lawrence's answer
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Answered on January 07, 2013
I would strongly recommend consulting a lawyer who practices special needs. There likely are various options that may protect the incapacitated...
What is the penalty in for a person hiding a will and how does one prove it?
Lawrence's answer
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Answered on January 07, 2013
NJ law requires a person in possession of a will to make it available for probate. I haven't researched, but I imagine some minor crime could...
Archived
Is it possible to find out if my mother had a life insurance policy & stocks?
Lawrence's answer
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Answered on January 07, 2013
I would strongly recommend consulting a trusts and estates lawyer in the Atlantic City area. If stocks paid dividends, there should be 1099s...
Archived
Does a A-B Bypass Trust need to be witnessed and if the only witness is a beneficiary would that invalidate the Trust?
Lawrence's answer
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Answered on January 07, 2013
A trust does not necessarily have to have a disinterested witness, but in some cases a trust with execution issues such s you describe may not be...
Archived
If you sign power of attorney to the court to file an affidavit of next of kin, are you responsible for bills beyond the estate?
Lawrence's answer
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Answered on January 07, 2013
In NJ, a probate estate can't be distributed unless a will is probated or an estate administration is undertaken. The personal representative for...
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