Legal Question in Wills and Trusts in New Jersey

Re: father died,was not notified,only child.

Very complicated problem. If your father has a Will, he can basically leave his assets as he pleases, including disinheriting his children. However, there could be a Will contest based upon his competency, a possible question of undue influence (maybe by the new wife), or another basis. For the issue to be raised, his Will has to first be submitted for probate. This would be done where he was a resident when he died (probably NJ if his actual residence was here). You could check with the County Surrogate of the County where he was a resident to see if and when a Will was probated. You are also entitled to get a copy, although if you do not go in person there will be a fee involved. If he had no Will, he died intestate (without a Will) and a proceeding has to be brought for administration. While a wife is usually the first to be eligible for appointment, if you are accurate that the marriage was invalid, his next of kin (usually the natural children) can be appointed. Even if the marriage was valid, under intestacy the children may be entitled to a share of the estate, depending upon its size, how the assets were registered (joint assets and assets having a specific beneficiary designation pass by operation of law and the existance of a Will is irrelevant). Much more information is necessary to properly advise you. If you wish, call me at 973-377-3313 and I will try to assist you.

Re: father died,was not notified,only child.

Your father's Will can leave his estate however he wants. There is no requirement that he leave his child anything in his Will. If he died without a Will (intestate) then you may have an interest in his estate but so would his 2nd wife (if she is alive and also assuming the marraige is valid).

Re: father died,was not notified,only child.

If your father left a will, everything will be distributed according to that will. Unfortunatley, other than a few states such as Georgia, a son is not entitled to a share in an estate when he has not been included in the will. If however your father died intestate, that is without a will, you are entitled to your share. Go to the probate court in the county and state where your father died and ask if there was a will.