Can I deposit a check into a personal account that is made out to me, but is an overpayment of deceased?
Jonathan's answer
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Answered on July 07, 2025
Hello. As a practical matter if a check is made payable to you, and presuming you are the sole beneficiary of the estate, you can deposit the check...
Dad died without a will, does that mean his other 3 children get shares from his 20%? if yes, would they inherit mortgage pmt?
Jonathan's answer
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Answered on June 25, 2025
Please accept my condolences on your loss. Your father's share of the building will pass pursuant to the laws of intestacy. Your mom is entitled to...
Does a previous conservator & beneficiary of a deferred annuity have to go through probrate to withdraw funds from all invests?
Jonathan's answer
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Answered on June 20, 2025
If your father is named the designated beneficiary of the annuity no court proceeding is required. However if he is not the beneficiary probate...
Does a 2007 probate court order in New Jersey count as a docketed judgment for enforcement purposes, or would a separate civil?
Jonathan's answer
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Answered on June 20, 2025
You will need to docket the judgment before you could begin debt collection, including wage garnishment and asset forfeiture. It will also need to...
Can a lawyer that you are related to advise his client to put you in that clients wi?llmy
Jonathan's answer
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Answered on May 29, 2025
Hello. Attorneys cannot seek gifts in their client's wills. However, it does not seem that anyone is contesting the will so it may not matter. If...
Have any stake in my moms home after she passed? Im her only living heir. Deed list MOM & my NEICE, but not on survivorship.
Jonathan's answer
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Answered on May 29, 2025
Hello. If the house interest was not specifically devised under the will, it passes to you. You own 1/2 of the home right now. What are your...
My Father has stock and has made a will for it to be split between his three children and his wife. My Sister just got a POA.
Jonathan's answer
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Answered on May 29, 2025
Hello. A power of attorney cannot change a person's will. It is possible a power of attorney could make changes to the trust, but it would depend...
What are my legal rights to property that belonged to my mother and her husband (not my father) if my mother died first ?
Jonathan's answer
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Answered on May 21, 2025
Hello. you are not a legal heir of your mother's husband's estate. if there is a will or trust or even a writing reflecting his intentions to...
Can the executor of an estate legally request checks written to the estate she is representing to her own name and cash them
Jonathan's answer
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Answered on May 21, 2025
Hello. As a practical matter your sibling will not be able to get this done. No financial agency would reissue the check in that way. If your...
Can I remove my ex-wife from the property title after she passes away?
Jonathan's answer
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Answered on May 21, 2025
Hi. You are in a difficult situation here. You will likely need court intervention if your daughter refuses to cooperate. You may be able to...
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