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Message |
    
C Bataille
Citizen
Username: Nakaille
Post Number: 2543
Registered: 5-2001
| | Posted on Monday, April 10, 2006 - 10:15 pm: | 
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My mom passed away last month and my older brother (the Estate Executor) is being a horse's arse on so many levels. I've come to realize I will need an attorney after all. It's neither a large nor particularly complex estate but I will need some help to avoid the risk of a manslaughter conviction myself. |
Greeneyes
Citizen
Username: Greeneyes
Post Number: 783
Registered: 8-2001
| | Posted on Monday, April 10, 2006 - 11:05 pm: |
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I'm sorry for your loss. |
C Bataille
Citizen
Username: Nakaille
Post Number: 2546
Registered: 5-2001
| | Posted on Tuesday, April 11, 2006 - 8:44 am: |
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Thank you, Greeneyes. It's been a rough month as my spouse had emergency surgery the week after the funeral and my kid broke her foot (which was the first occurrence but in retrospect was the least of our difficulties.) |
Wendy
Supporter
Username: Wendy
Post Number: 2317
Registered: 5-2001
| | Posted on Tuesday, April 11, 2006 - 9:43 am: |
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Cathy, I sent you a PL.
Wendy |
doctoralissa
Citizen
Username: Doctoralissa
Post Number: 194
Registered: 1-2004
| | Posted on Tuesday, April 11, 2006 - 10:40 am: |
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This is not a hijacking, but do estate attorneys do wills? That's what I was just going to Please Help to ask for...Any recommendations? |
Handygirl
Citizen
Username: Handygirl
Post Number: 669
Registered: 2-2004
| | Posted on Tuesday, April 11, 2006 - 10:49 am: |
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Yes, trust and estate attorneys do wills, trusts and all sorts of estate planning. I am an attorney, but not a T&E attorney. PL me if you would some recommendations. |
Chalmers
Citizen
Username: Chalmers
Post Number: 170
Registered: 3-2003
| | Posted on Tuesday, April 11, 2006 - 3:25 pm: |
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I recommend Carmine Liotta
Liberty Hall Corporate Center
1085 Morris Avenue, Union
(908) 354-7530
He does a lot of estate work, is an AV (highly rated) attorney and a nice man. |
michelezembow
Citizen
Username: Michelezembow
Post Number: 178
Registered: 5-2002
| | Posted on Tuesday, April 11, 2006 - 11:29 pm: |
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The estate attorney I mentioned to you earlier is Martin Dever in Hackensack. His number is (201) 487-3800. He's part of a large Bergen County firm--Winne, Banta, et. al.--but was not extremely expensive, and was a menschy guy (per my brother's report).
If your brother keeps this up, we could go to jail together--and then use the time to get some writing done!!!  |
C Bataille
Citizen
Username: Nakaille
Post Number: 2547
Registered: 5-2001
| | Posted on Wednesday, April 12, 2006 - 8:08 pm: |
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This has taken a more urgent turn as I received a letter from my brother's attorney stating he is representing my brother as concerns the estate of my brother's mother (nice terminology, right? As if she's not my mother also. Well that's always been my brother's fantasy, it seems. Tried to call the guy but we played phone tag instead.
Someone mentioned that there is a monetary threshold under which an estate does not have to go through probate (in which case I might not be entitled to see the will??!! WTF!!) Anyone know what the threshold is? 750K? More? Less? The surrogates' websites don't have the info and the NJ Statutes links are non-functional. Looks like surrogacy goes county by county. Could each county actually have differing thresholds? Opinions and advice welcome, please. I'm going a bit nuts here. Mostly because it's raising old family dysfunction issues.
Oh, and I certainly do understand that nothing anyone writes here should be considered as legal advice in the legal sense of "legal advice".
Help. thanks
Cathy |
CJH
Citizen
Username: Christel
Post Number: 7
Registered: 1-2006
| | Posted on Wednesday, April 12, 2006 - 10:26 pm: |
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I know a few people who have worked with Ellie Cohen at Kramer, Burns on a few different matters and found her to be smart, hard working, and not afraid to give practical advice. The matter she handled for me happened to be real estate, but even with a sticky situation with unpleasant sellers she and her staff got everything pulled together and were very informed and supportive. While she did real estate for me, she also does specialize in family matters. Here's the bio from their website, kramerburns.com, good luck with everything:
Ellie Cohen has a substantial residential and commercial real estate practice. She also does civil litigation with emphasis on family matters. A former realtor, Cohen is experienced in the legal, financial and personal aspects of the process and sees her responsibility as making this high-pressure time as easy as possible for clients.
Cohen is certified by the court to do custody mediation, and is an experienced divorce mediator. She also brings a background in teaching and counseling to her practice of family law, which includes matrimonial and custody disputes, wills, living wills and other personal matters. Active in political, business, cultural and civic organizations, Cohen has held several municipal offices, including serving as mayor of Livingston, and is a member of the Essex County Family Law Association Executive Committee.
As a three term Mayor of Livingston, New Jersey, Cohen has developed good working relationships with many people actively involved and interested in state, county and municipal government.
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fiche
Citizen
Username: Fiche
Post Number: 118
Registered: 3-2002
| | Posted on Wednesday, April 12, 2006 - 11:36 pm: |
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C: I don't know the threshold, but remember it is very minor, like 1,000 or less. Don't worry about that. When did your mother pass away? Brother and legal representative have only a short time to provide all beneficiaries with a copy of the probated will (something like 30 days after probate). The will cannot be probated until 10 days after the date of death and then it takes a few days to get the docs from the surrogate. (I assume you are talking about NJ, yes?).
If for some reason you cannot get the will from brother or the estate's attorney, contact the surrogate of the county where your mother lived. (411) Surrogates are very helpful and sensitive and willing to help. But also don't be alarmed by a day or two of phone tag, esp. if the attorney is Jewish since he/she most likely left early today for the Holiday.
I hope it all works out for you, but you may, in fact, decide you need a lawyer to protect your interests. Keep us posted.
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greenetree
Supporter
Username: Greenetree
Post Number: 7225
Registered: 5-2001
| | Posted on Thursday, April 13, 2006 - 6:50 am: |
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Definitely go with an estate attorney on this one. Someone can be an expert in something else, but not know the nooks and crannies of another specialty. When my mom got sick and we had to do a lot of complicated stuff with medical trusts, etc., he wouldn't touch it. He's a litigator with an impressive track record who knew his limits and found a good referral. |
C Bataille
Citizen
Username: Nakaille
Post Number: 2548
Registered: 5-2001
| | Posted on Thursday, April 13, 2006 - 10:43 am: |
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I think I'm going to need an attorney with some very particular expertise, like advocacy for foster (and former foster) children. TB's (the brother's) attorney wants to give me some savings bonds and to ascertain that I was her "foster" child. When I asked for a copy of the will there was a long pause. Eventually he conceded my request. I'm supposed to meet him next Wednesday. Do I need to have an attorney present at that time if I might want to challenge the will later?
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Soparents
Citizen
Username: Soparents
Post Number: 149
Registered: 5-2005
| | Posted on Thursday, April 13, 2006 - 11:07 am: |
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I know nothing about legal affairs but from the sound of your postings, if I were in your position, I would have legal representation right along side me.... your Brother for whatever reason seems to want to play the hard way.
This is an awful position to be in, and one I am sure your Mother would never have wanted.
I really hope you are able to get this resolved quickly and with the least amount of tears shed. |
greenetree
Supporter
Username: Greenetree
Post Number: 7230
Registered: 5-2001
| | Posted on Thursday, April 13, 2006 - 11:09 am: |
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It's not a bad idea to have an attorney, but as long as you agree to nothing, sign nothing, etc., you may be able to get away with not having an attorney present at that meeting. Don't even acknowledge that something might not be a bad thing or that you may be willing to consider xyz.
I wouldn't go alone tho; take your partner and copious notes. Don't write anything down that they can get ahold of later and use against you, i.e. "attorney states I am entitled to 10% which wouldn't be so bad". Instead write "[Name of attorney]'s opinion is that I am entitled to 10%" Listen, thank them for their time and leave.
You can use your notes and copies of whatever papers you receive to figure out what kind of attorney you need. |
C Bataille
Citizen
Username: Nakaille
Post Number: 2549
Registered: 5-2001
| | Posted on Thursday, April 13, 2006 - 11:28 am: |
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Unfortunately my spouse had major emergency surgery recently and is not able to be present. So, I'm considering my options. Yes, I know not to sign anything.
Weirdly enough I consulted an attorney friend last night who was unimaginably blase about the whole thing. She thought I was getting upset before there was any need to worry but also implied I'd likely have no recourse/standing. It was a very disheartening conversation to say the least. This is not her primary area of practice but she does have some experience. She's the one who talked about a monetary threshold for probate which she thought was in the 650 to 700K range.
I think I'll contact the MOrris County surrogate's office to see if the will has been probated. |
tjohn
Supporter
Username: Tjohn
Post Number: 4211
Registered: 12-2001
| | Posted on Thursday, April 13, 2006 - 12:02 pm: |
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Hopefully, your mother's will is well-written, leaving little room for interpretation. If that is the case, at the end of the day, it is only your brother's behavior that will be upsetting. I guess the division of non-monetary property can be contentious, but more for emotional than financial reasons.
I find it hard to believe that you can be denied access to your mother's will, especially if you are a beneficiary. When I settled my brother's estate (Pennsylvania), each beneficiary of his will received a copy of the will along with an explanation of the benefits to which they were entitled along with a brief advisory of tax implications.
Finally, the executor of an estate is under a legal obligation to execute the will properly. |
jab
Citizen
Username: Jab
Post Number: 550
Registered: 3-2003
| | Posted on Thursday, April 13, 2006 - 12:19 pm: |
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Cathy, you should insist on having an opportunity to review a copy of the will before meeting with the attorney, i.e., they should send or fax a copy to you prior to the meeting. If you are personally named in the will, then the attorney should not be so concerned with your legal relationship except as is it relates to calculating the NJ inheritance transfer tax. Your friend might have been referring to the threshold for NJ estate tax, which is in the $650,000 to $700,000 range, but that is separate and apart from whether the will must be probated. |
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