Legal Question in Wills and Trusts in New Jersey
brother dies intestate
My mother in laws brother died intestate,her other brother lied and said their were no other living relatives,but she and her 2 children are still living,the 2nd brother has since passed on and left a will leaving his assets which included the assets of the 1st brother in trust to a scholarship fund,however she had recently been made aware of some funds being held in other states having to do with some real estate,is ther a way for her to find out the assets from the brother who died intestate and is there any recourse against the trust and/or attorney or administrator who we believe did not try to find the living sister or the living niece and nephew,and what if anything would they be entitled to.Thank You
1 Answer from Attorneys
Re: brother dies intestate
Supplying dates would be helpful. When did brother #1 die? When did brother #2 die? When did your mother-in-law learn about this? Depending on these answers, her claim may or may not be barred by the statute of limitations. In any event, she alone, and not her children, would have a potential claim.
Presumably, your mother-in-law would have a claim as an intestate heir against the estate administrator of brother #1's estate (brother #2). She may also have a personal claim against brother #2 (or his estate) for fraudulently administering the estate of brother #1.
She should be able to get an idea of the assets in the estate by searching the probate records (at the surrogate's court in county where brother #1 lived). I would think there was an administrator's bond requirement which may approximate the gross estate. She may also have a claim to sue on the administrator's bond.
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