Questions answered by Edward Joseph Smeltzer II

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How do I get a power of attorney to take care of my mother's business? Where do I get the power of attorney?

Edward's answer | Answered on May 01, 2009

If your mother still has the mental capacity to make a decision as to appointing an agent then most attorneys could prepare a reasonable Power of...

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How can my mother turn her house over to my brother

Edward's answer | Answered on May 01, 2009

Transferring the property is a simple matter but determining the best way to transfer the property (by immediate deed, by deed with a retained life...

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Mom died with no will. One daughter is on deed. Other three are not. Two daughters want house sold & split. Two others don't.

Edward's answer | Answered on April 30, 2009

A lot will depend on what you mean by "One daughter is on deed" If mom had transferred the property by deed to the one daughter, she is the sole...

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My Moms last will and testiment was a copy, can't find the origional. What do I need to do to proceed?

Edward's answer | Answered on April 29, 2009

Since you did not indicate where you have looked for the Will below is a list of common places the Will would be stored, if you have not checked...

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How long after a person passes away do family members need to be notified if they are in the will?

Edward's answer | Answered on April 29, 2009

The first step to take would be to check with the Surrogate for the county where the deceased lived to determine if a probate or administration...

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Forming an LLC, but not sure how to structure profit sharing.

Edward's answer | Answered on April 28, 2009

You have a number of options, one thought would be to set up the LLC as a 50/50 partnership in terms of control of the LLC but provide that...

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Home in one name, how do we add a child's/children's name so that inheritance tax is avoided.

Edward's answer | Answered on April 27, 2009

Assuming your friend and the property in question are both in NY then there are no inheritance taxes to be concerned about and NY's estate tax only...

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Does NY state take a percentage in an estate where there is no will? I am the only child, my mother is a widow.

Edward's answer | Answered on April 24, 2009

Whiles NY does not take a percentage of the estate due to the lack of a Will, the filing fee for becoming administrator is impacted by the size of...

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Mortgage Insurance Question

Edward's answer | Answered on April 23, 2009

Whoever told you you need a power of attorney was mistaken. Power's of Attorney end on death so even had your wife prepared one it would now be...

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Will filed for probate Feb. 2008. How can I check on progress of paperwork??

Edward's answer | Answered on April 23, 2009

NJ has a fairly simple probate procedure which typically results in the appointment of an Executor within days, if not on the same day, as the...

Edward Joseph Smeltzer II's Answers (628)

How do I get a power of attorney to take care of my mother's business? Where do I get the power of attorney?

How can my mother turn her house over to my brother

Mom died with no will. One daughter is on deed. Other three are not. Two daughters want house sold & split. Two others don't.

My Moms last will and testiment was a copy, can't find the origional. What do I need to do to proceed?

How long after a person passes away do family members need to be notified if they are in the will?

Forming an LLC, but not sure how to structure profit sharing.

Home in one name, how do we add a child's/children's name so that inheritance tax is avoided.

Does NY state take a percentage in an estate where there is no will? I am the only child, my mother is a widow.

Mortgage Insurance Question

Will filed for probate Feb. 2008. How can I check on progress of paperwork??