Legal Question in Wills and Trusts in New Jersey

Re: Contesting an Estate

Chances are, if she just died recently, you may be out of luck. It is hard to understand that your father did not take care of you. Go to the probate court and get a copy of the will and have it reviewed by a good attorney. Bill Stern 248-353-9400

Re: Contesting an Estate

It will be important to review the terms of your fathers will. There may be provisions concerning survivorship requirements which may affect what your step-mother gets under his will. It will also be necessary to review the terms of your step-mother's will. If the will has been probated, you can get a copy from the surrogate in the county where she lived.

Re: Contesting an Estate

Your questions cannot be properly addressed without an examination of both the Wills involved. Copies can be obtained from the Surrogate's office for a nominal fee. You should do this and retain an attorney immediatly.

Re: Contesting an Estate

Difficult question, but typical of second marriages with 2 families involved. You do not say what the full contents of your father's Will were, nor what your step-mother's Will provides. In the usual instance, many Wills provide that a spouse, to inherit, must survive by some minimum time period (I use 120 days). If the survivor dies within this time period, the original Will controls. Was language like this in your father's Will? What does your step-mother's Will provide? Did she also leave everything to the 4 children? When was her Will prepared? Did it echo your father's (4 children to share)? If not, you may have to seek court assistance by claiming undue influence, fraud or other claims (possibly constructive trust theory) to get relief. I suggest immediately filing a caveat to your step-mother's Will and possibly even seeking a Court injunction on the removal of property by her family until the final disposition of the estate is determined by the Court.

Re: Contesting an Estate

Hello, I have received a copy of your e-mail regarding your father's estate. There are two things you can do. First, have an Order entered in your father's estate (if one has been opened) prohibiting everyone from removing items from the house until a determination can be made of the rightful beneficiaries. Second, check your dad's will to see if there is a provision that his beneficiaries must survive him by a specific number of days. There is a possibilty that the will (or trust, if that is the document we are dealing with) has such a requirement and might work to your benefit. Please feel free to give my office a call if you need further information. Probatel law is one of our areas of concentration. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)