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In 2008 proceeding went to surrogate court regarding my

Customer Question
In 2008 proceeding went...

In 2008 proceeding went to surrogate court regarding my father's estate.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

New jersey...my sister was made the executor of the estate. In the new will 4yrs before my father death in which he did not have the mental capacity to sign because he was being treated with Alzheimer. my sister was order to give me the physical property (vaccums, belts, hose etc.) at a spefic date and time. When I arrived to pick up my property of the business her husband had sold them. A value of about $20,000. I let it go because I was out of money from the proceedings with the surrogate court. I have come to find out that there are about $10,000 in unclaimed property under the business name. This is the thing I don't understand my father signed the business over to me with a real signature March 13th, 1994. I was told the contract was made null and void because of new will. Now when I ask my sister for her help she says (daddy) her husband has to handle it. Is there any resourses I can take to release that money

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the signed contract the lawyer would not give me either of the wills per my sisters request

Submitted: 2 months ago.Category: Estate Law
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Answered in 15 hours by:
3/21/2018
Estate Lawyer: Jessica B,
 replied 2 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,190
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

First, is the business still in existence? If so, do you have any corporate documents stating you are the legal owner of the business?

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Customer reply replied 2 months ago
I have an notarize agreement between me and my father March 1994. When he died my sister husband padlock the store and liquidated the accounts. And I was too drained emotionally to fight with them any more. I just happened to see the stocks in unclaimed. Property. Which belong to the business but I am told I can't claim them. Another thing my sister who is executor can no longer take care of herself or business.
Estate Lawyer: Jessica B,
 replied 2 months ago

Ok so after the notarized agreement was signed the business was never officially transferred to your name. Did you report the new ownership to the Division of Corporations? The only way you will be able to claim the property is by proving you are the owner. If you are unable to prove you are the owner, then your father's estate will have to be reopened and the funds may be claimed by the estate.

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Jessica B
Category: Estate Law
Satisfied Customers: 1,190
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