Legal Question in Wills and Trusts in New Jersey
Contestng a will
My daughters father was mentally ill his entire adult life. He died 10/17/06 leaving his older son everythng, and leaving our 14 yr old daughter 100.00. I am contesting the will in court and now the interoggatories are asking questions about me as the ''representative''. Is there a way to have a trustee appointed to handle her money now so I can head off the opposition? She also get's money from her grandparents estate. I am chronically disabled and cannot afford an attorney but don't qualify for legal aid. What are the chances we will will this contestment? It was a ''do it yourself will''. His estate is worth alot of money and he had the funds for an attorney.
3 Answers from Attorneys
Re: Contestng a will
There is no good way to address a question such as yours in a short-answer forum like this. You have to find a way to engage a lawyer to help you.
Re: Contestng a will
While I agree with John that this is a difficult question to answer now, one suggestion. Since your daughter is a minor, have the Court consider appointing a guardian ad litem to represent her. I do not know if this will be done, or who will pay for it. Will contests are very expensive forms of litigation. Is what she may possibly inherit worth the expense?
Re: Contestng a will
Check with the Bar Association in your county - it may have a list of lawyers who will take a case like yours on a low-fee or deferred fee [not payable until you/your minor child receives money] basis.
When you were called "representative", did the court mean that you are personal representative [the person responsible for administering the estate of the decedent] of the estate, or representative of your daughter's interest?
You should also, as Mr. LeVine pointed out, ask the court to appoint a guardian ad litem for your daughter in this matter. The court may have a panel of lawyers who are available to take on this matter on behalf of the minor.
And, yes, a trustee must be appointed to handle funds that are for the benefit of your minor child, since children do not have legal capacity to own property or hold funds by themselves.