Legal Question in Wills and Trusts in New Jersey
How to check to see if a will have been probated.
My uncle passed away a couple of years ago and my family have reason to believe that he included us in his will. We also believe that his spouse may be holding off on probating the will in order for my family not recieve what was left for them by my mother's brother. If this is the case what steps can my family take in order to see if there is any thing left to us so that we may bring closure to this matter.
2 Answers from Attorneys
Re: How to check to see if a will have been probated.
The will should be probated in the county in which your uncle resided at the time of his death. This is the responsibility of the representative of the estate (executor or executrix). If it was not done, suit would need to be brought to force him/her to do what is required. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: How to check to see if a will have been probated.
You can call the probate court in the county in which he lived to see if the will has been probated. Any person who might inherit from his estate can file for probate of his estate in the county in which he lived. Of course, you should consult with an attorney with the details. 334 678 7780.