My Mom passed away May 2008 and theres some money in a bank account, she had no will, the bank says I need some sort of letter?

Thanks for question. You need a "Letter of Administration" signed by a probate judge. This is accomplished by probate attorney filing a petition to...

IF I have a Will and do not own property will this still need to go through Probate?

No probate is necessary on joint accounts with right of survivorship.

The best result is having two witnesses and a notary all at the same time in the presence of each other. This is called -self proving-and means...

Do you have to deal with a death probate if there is high debt and low assests?

Yes-I agree with first answer. Creditors can petition to open the estate if they want to proceed with trying to collect funds.

Does my brother have the right to take an executor's fee

The standard"fair" fee in Florida is 3%. I am not licensed in NJ but would guess it would be similar.

Do we need a lawyer?

Thanks for question. One of my attorneys does nothing but medicaid law and helps clients with similar situations. The homestead is exempt even if...

How do I get authorization to deal with my recently deceased mother's matters?

You should hire an attorney to petition the court to open your mothers estate and appoint you as personal representative of her estate. This would...

I HAVE A NEW CAR THAT I INS AND I PAY FOR,,THE CAR IS IN MY MOM'S NAME ONLY

She could give you car now by signing title to you. If value exceeds $13,000-a gift tax return would be necessary(no tax). She could give you car...

In Florida can an Attorney be the Exectuor, Beneficary and Notary of a Will?

In Florida-you can not draft a will giving yourself a significant amount unless you are somehow related. You cannot notarize a document that...

Your will should be reviewed by attorney to make sure it has been signed, witnessed, and notarized properly. All of these items are important and...