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rvlaw
rvlaw, Attorney
Category: Estate Law
Satisfied Customers: 8386
Experience:  30+ years in private practice handling estate matters; Law professor; Mediator.
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I have a probate matter under appeal, and the trial court heard

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I have a probate matter under appeal, and the trial court heard a motion on penalties. The estate attorney claimed he did not get complete answers. I went to court, and the trial judge did not find any penalties, however, he asked for my income tax return, and additional account copies of IRA's.
The estate attorney claimed a new deed should be obtained which takes my house out of the truast because the deed previous to the trust deed, was fraudulent due to undue influence, which is under appeal.I believe Rule 2:9-1, prevents the c
trial court from doing this, as well as breaking my trust.
What is the law that permits the trial court these collection rights prior to appeal?
Submitted: 8 months ago.
Category: Estate Law
Expert:  rvlaw replied 8 months ago.

Hi and welcome,

 

Have your attorney make an application by Order to Show Cause (that way it's decided quickly) to stay (stop) any action until the appeal is decided.

 

Remember this is not legal advice. You must consult a NJ attorney.

 

Please accept my answer and rate it 3,4 or 5 so I can get credit for my assistance.

 

Rich

Customer: replied 8 months ago.


the stay was denied, as no bond has been posted.I am prose, and it appears the estate attorneys are permitted to attempt collection by redeeding the property and leaving it outside the trust. There is no


remedy unless a trust violation has occurred. Is there a trust violation?

Expert:  rvlaw replied 8 months ago.

I searched the NJ statutes for that section and the site indicated it couldn't find it. I will opt out and perhaps a NJ attorney can help pinpoint the issue. Sorry I couldn't help.

 

rich

rvlaw, Attorney
Category: Estate Law
Satisfied Customers: 8386
Experience: 30+ years in private practice handling estate matters; Law professor; Mediator.
rvlaw and other Estate Law Specialists are ready to help you
Customer: replied 8 months ago.



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