Legal Question in Wills and Trusts in New Jersey
Estate Entitlement
Grandmother had 2 children. Grandmother signed over home to uncle and to my mother her $1,000 car. Grandmother said, she left the home (val approx $200,000) to uncle because he lived there.
Grandmother signed over house to uncle and car to mom because she was unable to care for herself. uncle got married moved to florida. last few months of grandmas life she needed 24 hour care. uncle didnt want her to go to nursing home because he would lose his ownership in house to state to pay for her care, he moved her to his home in florida where his wife is a visiting nurse.
Grandmother passed in August. In a savings account, she had $5,000 dollars to be passed to me, 3 siblings and a cousin. (cousin lives in house)
Before grandma went to florida my mother made all arrangements for burial, etc. with grandmother's consent and grandmother paid for them.
The $5,000 was in a savings account but uncle has spent it. And he also turned in the $2,000 life insurance policy and made it payable to himself.
My question, can we file in small claims court for the $1,000 each and maybe get a lien on property? Remember Uncle does live in Florida and we are in NJ. Grandmas property that she left to uncle is in NJ.
1 Answer from Attorneys
Re: Estate Entitlement
You can bring a small claims suit in the county where the house is located, as this represents a NJ location. He sould be served by Certified Mail in Florida - the court may do this.
Good Luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
