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Should my 96yr. mom update her Will made 3-4yrs. ago since she may have accidenclty signed a Will falsely presented to her?
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Answered on September 16, 2015
For a self-proving will, NJ law requires two witnesses' signature. Or the will is likely to be invalidated by the court unless the testator's will...
Archived
Is there a deadline in New York to get real estate out of a decedent's name or can the name change be postponed indefinitely?
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Answered on September 12, 2015
Probate is necessary. I have a case like that. The house was improperly transferred and recorded to the name of the surviving spouse after the...
Archived
Does the Executor of a large estate need to file a tax return for state & federal? 1st year only or multiple?
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Answered on September 10, 2015
No attorney here can give you the information you need as to what happened to the estate assets for the past four years. You may not be able to...
Archived
US citizen residing in Germany, can I still be executor of mother's will in New York State. one brother/simple will
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Answered on September 04, 2015
I agree with the first answer. You are citizen. So you may serve as executor in NY. Settling an estate always has tax implications, the least,...
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Archived
If a trustee of a trust for the benefit of a widow steals $500,000 what is the way to send them to prison?
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Answered on September 04, 2015
In reverse sequence, seizing the money and freezing account first. Taking civil action quickly before money gone. Fraud mens rea hard to prove.
Is the administrator of an estate personally liable for any outstanding debts
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Answered on September 02, 2015
Short answer is no. But reality is more complicated than a short answer. The administrator must act in good faith and follow the law to avoid...
Archived
Can I file a pro se petition for accounting if executor refuses to talk to me, alleges theft, and demands money first?
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Answered on August 30, 2015
Unless special cause is shown, a petition to compel accounting can be filed only one year after the appointment of the estate trustee, which gives...
In NJ, when a lawyer representing a beneficiary files a complaint for accounting because of indications of bad faith
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Answered on August 30, 2015
Prior to the completion of the estate, a beneficiary is entitled to see a complete accounting for the estate from the estate trustee, including...
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