Legal Question in Wills and Trusts in New Jersey
Three days before my mother died of cancer,which had spread to brain,my mothers live in boyfriend had her will changed in the hospital to everything left to him. I was benficicary to original will. I filed a caveat,but its been over a month,and he has not probated the will yet,so I am in limbo. Her original will has disappeared. He won't allow me in her house to go through her paper work,and I have no idea what's going on with her taxes to be filed,or her hospital bills.Please advise.
2 Answers from Attorneys
You should consult an estates lawyer who handles Surrogates' litigation ASAP. This is not a DIY matter.
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.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
I'm sorry to hear about the difficulties you are having. However, because you are next of kin, you should file to become administrator of your mother's estate. You don't need the Will to do this. He's got no legal right to be in the house, so you should act quickly to have him removed. After you qualify as Administrator, you may even want to request a police escort into the house to try to safeguard the items in the house. Seek legal counsel immediately and do not engage in any self help remedies.
Sincerely,
Kevin A. Pollock, J.D., LL.M.
www.PollockAtLaw.com
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
Also, visit my blogs at:
http://WillsTrustsEstates.blogspot.com/
http://BaseballLaw.blogspot.com/
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