Legal Question in Wills and Trusts in New Jersey

if your father was living in New Jersey when he died, I can help. give me a call.

Robert Davies Attorney 201 820 3460

The Surrogate's Court in the county where your father lived should be contacted as soon as possible to determine if the Will was probated. If it was, by law, your bother [assuming he is the executor] must provide you with Notice of Probate and a copy of the Will immediately. In addition, you are entitled to a full and complete accounting for the estate, and if your brother was handling your father's finances before he died, you can obtain copies of those records as well.

This sounds like a bad situation that is going to only get worse unless you get some legal help now.

If your father lived in PA, the will should have been filed with the office of the Register of Wills in the County where he lived. If a will was probated, that would be where to find it. You would be able to look at the will.

Do you know for sure that your brother had the will, or could he be just making that claim?

As Mr. Chester said, in PA, as in NJ, heirs must be given notice that a will has been probated. It must be done within a short period after filing the will.

If a will was not filed but you suspect the your brother has the original or a copy, it is possible to have a citation issued by the Register of Wills requiring the will to be deposited with the Register.

There are additional procedures to require your brother to account for his actions and the finances of the estate.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

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If your father died in New Jersey you are certainly entitled to a copy of the will. You cannot be disinherited beccause you bring legal action which seems wha tyou have to do. Call the Surrogate in the county in which your father resided to see if the will was probated. You should contact an attorney immediately before its too late.