Legal Question in Family Law in New Jersey

Married Yet Separated

My parents were separated for 13yrs. My father has been living with another women for about 10 yrs. He paid all the bills for both homes (his & my mothers). My mother died. Days after her death my maternal grandmother had my father sign papers putting her home back in her and my aunts name (it was to be left equally to my mom & aunt). My mother had always wanted her 1/2 of my grandmothers home to go to my sister & I. Being that my father and mother weren't together for all those yrs: 1) Was it okay that he signed the paper?

2) Do my sister and I have any rights to my mom's 1/2 or is it okay that my grandmother and aunt had us written off? Understand that when my grandmother passes leaving the home to my aunt and later she passes that the home will go to her 2 children leaving my sister & I with nothing but the knowledge that we were written off and neither our mother or us met anything to our grandmother.

3) If my sister and I have a right to fight this, what specialty of lawyer do we need?

Note, my sister and I aren't out to hurt anyone it's just that something doesn't seem right about this and we know that our mother would be sickened by the actions of her own mother & sister.

Please Advise............

Thank-You


Asked on 1/25/07, 7:50 pm

2 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

Re: Married Yet Separated

You have not given enough detail to fully evaluate your rights and what can be done but you must act quickly to preserve them.

One question is whether there was any overreaching with your father. That could make a big difference.

Consult with counsel as soon as possible.

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Answered on 1/27/07, 2:58 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Married Yet Separated

Your situation is too complicated to handle on this website. You would probably need an attorney that handles estates, but an attorney that handles fraud and divorce may be better for you. We don't really handle estate issues, but we have a big estate fraud case that we are involved in. I would be happy to meet with you to discuss your case in detail and then if we can't help you, I can point you in the right direction.

My initial consultations are always free, so call me at 732/247/3340 to set up an appointment.

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Answered on 1/25/07, 9:06 pm


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