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Recent Survivorship questions

In new Jersey, my father in law passed away. He named s

In new Jersey, my father in law passed away. He named his three sons but my husband passed away before him. Do I get his share of estate? His brothers want me to have it. What to do special for me to receive? It states that survivor of any of them was also executor. They were all co executors.Thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I am seperated from my husband but not a legal seperation. i

hi i am seperated from my husband but not a legal seperation. i have found out he has died and i need to know if i can see if he has any money in his account to bury him. i don't have the money to bury him, my name is ***** ***** his accounts and if i can go and get his belonging out of his apartment?

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Dwayne B.

Juris Doctor

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My mother has several bank accounts that are in her name OR

My mother has several bank accounts that are in her name OR my sisters name. ie: Jane Doe OR ***** *****JA: Because laws vary from state to state, could you tell me what state is this in?Customer: In Illinois.JA: Have you talked to a lawyer yet?Customer: No, here lies the problem. My Moms will says 30 days after her death each one of her children get 5000.00 and same daye year after year until money is gone. My sister who is the executor of the will says that because the money was in moms account with Or her name, she has control of the money. She is telling me where I can spend it. Is this legslJA: Dealing with estate issues can be complex, but getting accurate information now will save you headaches -- and potentially heartache! -- down the road. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit.Customer: OjJA: Anything else you think the lawyer should know?Customer: No, not really. I dont even know what happens with the money after death. If it goes into a trust or doesnit really go tobmy sister?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.Customer: And she can tell me where I can spend it. That she will write the checks to mortgage company or credit card, etc.

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FiveStarLaw

Attorney

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Barrister, I'm forwarding the info. I got from Les' son

Hi Barrister,I'm forwarding the info. I got from Les' son today. He starts and ends and his atty fills in the middle.I talked to an attorney this week and he took a look into what things look like. Here is what he had to say:I did some research based on our chat the other day. As you may recall, we had started talking about the estates of your father and step-mother, and I had asked you to show me a copy of their wills.You gave me an address for the home. In a brief review of the title history, this home was purchased in the names of , husband and wife.” This is not the same as joint with rights of survivorship, and title never vested solely in Marie. Marie subsequently executed a Transfer on Death deed, conferring her portion of the home to her three children. Your dad's name still needs to be signed off of the property when it is transferred or sold, in order to clear title. And to do that, you will have to open a probate.I have gone ahead and started this process which will then execute my fathers will and confer his portion to me according to his will.Just curious if any new input from you, or still moot point since house deeded as husband and wife.The letter to creditors will be published starting next week. You mentioned creditors have 4 months to contact me. Do I need to pay them by a certain time? What's best way to start? A portion or % to all? And what will that mean about opening a probate for me?thanks,susan

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I am a Texas resident. More than three years ago, my wife

I am a Texas resident. More than three years ago, my wife passed away. She died without a will in place.We had one piece of real property (our home). The balance of our bank accounts and retirement were held jointly with right of survivorship. We were married for thirty-seven years. She had two grown children who are now in their fifties. I have one son who is now forty-six. I have continued to live in the house; maintain it; and pay the taxes. I am now in a position to make her children an offer for their interest in the house. My questions are as follow: What portion of the property by percentage of value are her children entitled and second, what documents must be filed with the County Clerk to meet the estate law for the state of Texas?

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Dwayne B.

Juris Doctor

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I am a widow of 4 years and have lived in my current

I am a widow of 4 years and have lived in my current residence since January 1994. Which consists of a house and approx 7 acres. With 1 barn that I paid for. 4 years ago in May my husband was killed in a horse accident. Together we had 99.5 acres ( which is now all in my name) not including our residence. His family owns a couple hundred acres my husbands and brothers names were listed as owners on this property. This also included our residence. When his brother went and took my husbands name off the property I thought he would put the land my house is on and the rest over into my name but he didn't. He put it all into his and his sons name. I guess my question is if he or his son decide to want to make me move do I have any recourse. There was no will or trust set up as yet. This is the only residence I have had for over 20 years.

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LegalGems

Juris Doctorate

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My 89-yr old father, a widower, recently died. He had no

My 89-yr old father, a widower, recently died. He had no property, nor a will. He left about $20K in credit card and medical debt. He had no savings, and lived on Social Security. He spent his last months in assisted living, so his mail came to me, as well as phone calls since he was almost deaf. No family members were co-owner on the credit cards. Finally, we have the same first name, but different middle names.The credit card bills are starting to roll in. I returned one, with a copy of the death certificate, and have now received a phone message asking me to call back.Did I do the right thing returning an original death certificate? Should I continue to so with the other bills? Should I return the phone call? How or what should I do with the others?One more item - after paying for the funeral, there may be enough money remaining to make some payment to everyone, but it will be pennies on the dollar.

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RayAnswers

Lawyer

Doctoral Degree

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Re: Probate There are four beneficiaries in the will of my

Re: ProbateThere are four beneficiaries in the will of my father who passed away on 5/7/16. Three beneficiaries (my sister, other brother, and me) agreed to forego receiving money from my grandmother and instead donated our inheritance to a trust established for my disabled brother (4th beneficiary) per the request of my mother. My mother never wanted my brother to live in an apartment paying rent while my parent's mortgage had been paid. That is to say, the three beneficiaries/siblings always knew they would never financially benefit from my grandmother (mother's side) or my parents. Despite my mother passing away in 1995, all the beneficiaries knew that my disabled brother was to remain in and have ownership of my parent's home.In 2014, my sister who had power of attorney for my dying father, who was suffering from vascular dementia and who many times did not recognize my sister, but knows she visited often, had him sign a survivorship affidavit ON HIS DEATH BED to transfer the house to my sister after he died and debts were paid. This affidavit was kept secret and my father if healthy would have never transferred the house to my sister due to my mother's wishes and would not transfer such house without first talking to the other siblings/beneficiaries.I am furious with my sister and want to know in which court must I challenge the transfer of the house. Probate? Also, in which court I must address my sister's role in handling my disabled brother's trust which was established when my grandmother died. (Three siblings donated their inheritance to a trust for my disabled brother (4th beneficiary) per the request of my mother.) What do you suggest I do for I am really working on behalf of my disabled brother for whom I do not have guardianship and living in Chicago to handle such a legal matter may be difficult for me to travel due to my disability (chronic pain) as well as travel costs.

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RayAnswers

Lawyer

Doctoral Degree

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My mother recently passed away after a battle with cancer.

My mother recently passed away after a long battle with cancer. She had insurance but there are some unpaid medical bills.In addition she declared bankruptcy some years ago. Her only real asset is the family home, which is in a living trust. I am the only beneficiary of that trust. We are currently living in the house and I want to know what my rights and obligations are.There is a mortgage on the house which we have continued to pay.

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Roger

Litigation Attorney

Doctoral Degree

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