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Tag: New Jersey

Atlantic County Long Term Care Option – What You Need To Know

Posted on Tue Jun 9, 2015, on Estate Planning

Many readers have submitted questions recently about long term care insurance, especially from Atlantic County, New Jersey. Despite all the attention that Atlantic City gets in the news, Atlantic County’s core population mostly lives inland—with over 43,000 residents in Egg Harbor Township alone.

That population’s getting older all the time, too. Compare the 2010 Census results with its predecessor and you’ll see that, as in many parts of the country, citizens aged 65 and older make up a growing percentage of the population.

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How to fire an estate attorney in Atlantic County?

Posted on Fri Jun 5, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am a New Jersey resident serving as the Personal Representative of my mother’s Atlantic County, New Jersey estate. I hired a Atlantic County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

We hear questions like these more often than you might think, especially from families who have never really required the services of a skilled attorney. Hiring a lawyer can be intimidating, and it’s especially hard to focus on day-to-day tasks when you’re also dealing with grief. However, customer service means everything in every industry, especially ours. It’s not enough to assume that your probate attorney’s going to do their job if they’re seemingly too busy to communicate with you.

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Should I pay the premium on a life insurance policy naming me as beneficiary?

Posted on Fri Jun 5, 2015, on Life Insurance

From our “Ask a Question” mailbag: My mother is incapacitated and living in an assisted living facility in Atlantic County, New Jersey. She appointed my brother Agent under her Power of Attorney. My mother has a life insurance policy that names me as beneficiary. My brother refuses to make the payment, so the policy will soon lapse. Can I make the payment?

The insurance company does not care who sends the check. Therefore, you certainly can make the payment.

The real question you should be asking here is: should you make the payment?

Klenk Law

Do I Need to probate a will if I’m the only heir in Burlington County, New Jersey?

Posted on Thu Jun 4, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: Our entire lives, my parents and I have lived in Burlington County, NJ. My father died two years ago, and my mother passed away last week. I was an only child and everything in my mother’s will was left to me. I am executor. Do I need to probate her will, or open an estate? Her only assets were our family home (valued at $600,000) and her car.

The short answer is: no, you cannot transfer the deed without going through probate.

Klenk Law

Do I need a doctor’s note to use my Mom’s Power of Attorney in New Jersey?

Posted on Thu Jun 4, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My mother, who lives in Burlington County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it says I need a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney, which at one time was the normal document that Burlington County Estate Planning Lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if—and only if—that person has become incapacitated, and the Agent can secure a letter from the person’s doctor stating that the person is incapacitated. Without the letter the power of attorney is useless.

Klenk Law

How do I get answers about an inheritance in Atlantic County?

Posted on Tue Jun 2, 2015, on Formal Accounting

From our “Ask a Question” mailbag: My husband’s aunt willed him a share of the proceeds on the sale of her jewelry, but the executor told us that the money was mine and sent me a check. We looked up the will ourselves at the Atlantic County Surrogate, and it looks like my husband should get more money. The executor will not answer our questions. What can we do?

As an heir listed in the will, your husband has the legal right to force the executor to account for the estate. Even though the money landed in your household, there could be plenty of reasons for you to insist that the cash is properly accounted for.

Klenk Law

How can I defend my use of Power of Attorney in Gloucester County, New Jersey?

Posted on Tue Jun 2, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My mother named me her Agent under her Gloucester County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Gloucester County Surrogate’s Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or to object.

Klenk Law

When you should fire your probate attorney in Burlington County

Posted on Thu May 7, 2015, on Probate and Estate Administration

From our “Ask a Question” form: I am a New Jersey resident serving as the Personal Representative of my mother’s Burlington County, New Jersey Estate. I hired a Burlington County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney.

Klenk Law

Do I need a doctor’s note to use my Mom’s Power of Attorney in Camden County, New Jersey?

Posted on Thu Apr 9, 2015, on Power of Attorney

My mother, who lives in Camden County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it requires a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney which, at one time, was the normal document that Camden County Estate Planning Lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if…and only if…that person has become incapacitated, and the Agent can secure a letter from the person’s doctor stating that the person is incapacitated. Without the letter, the power of attorney is useless.

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