Legal Question in Real Estate Law in New Jersey

Re: inheritance

You must probate the Will by taking it to the Register of Wills. Theoretically the person named in the Will as Executor can do this and does not necessarily need an attorney. However, I believe it would be foolish not to consult with an attorney to review the Will and see exactly what is involved. It may not necessarily be true that because your cousin passed away after your Aunt died that your mother is the beneficiary. This may have been the case if she predeceased your Aunt. It is important to have the Will reviewed to determine its effect. Generally it is the Executor's responsibility to notify all the intended or possible beneficiaries of their possible interest in the Estate of the deceased. If you would like a consultation about this matter do not hesitate to contact me.

Re: inheritance

I AGREE WITH SOLOMON THAT A WILL NEED BE PROBATED, AND THE PERSON NAMED AS EXECUTOR CAN DO IT HIMSELF WITHOUT AN ATTORNEY (IT IS A QUICK, SIMPLE PROCEDURE ONLY REQUIRING THAT YOU PRODUCE THE ORIGINAL WILL AND A DEATH CERTIFICATE; THE PROBATE CLERK WILL ASSIST YOU IN COMPLETING THE NECESSARY FORMS). SOMEONE NEEDS TO BE APPOINTED TO CARRY OUT THE TERMS OF THE WILL AND PROBATE IS THE PROCEDURE TO DO SO. AN ATTORNEY SHOULD BE USED AS THERE ARE MANY POST-PROBATE TECHNICALITIES AND DOCUMENTS THAT MAY BE NEEDED. HOWEVER, I HAVE NOT READ THE WILL SO YOUR CONCLUSION THAT YOUR MOTHER GETS THE HOUSE, RATHER THAN YOUR COUSIN, WHO ONLY SURVIVVED 1-1/2 DAYS. DID THE WILL PROVIDE THAT A TAKER OF ASSETS HAD TO SURVIVVE SOME MINIMUM AMOUNT OF TIME THAT EXCEEDED THE TIME YOUR COUSIN SURVIVVED? IF THE WILL IS SILENT ON THIS, MERELY SURVIVING THE TESTATOR (MAKER OF THE WILL) IS ENOUGH TO INHERIT. SO, THE PROPERTY MAY PROPERLY GO TO THE COUSIN'S ESTATE. IT IS INTERPRETATIONS LIKE THIS WHY AN ATTORNEY SHOULD BE USED. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED OR MISSING FACTS COULD CHANGE THE RESPONSE.