Legal Question in Wills and Trusts in New Jersey

Re: Deceased Dad's second wife hiding will?

You will need to consult with a lawyer on your specific situation. I suspect that it will be necessary for someone (you for example) to apply to administer the estate if you stepmother has not done so. Don't rely on what her lawyer is telling you. He or she owes loyalty to your stepmother and is under no obligation to tell you everything. Get some professional assistance.

Re: Deceased Dad's second wife hiding will?

I AGREE WITH JOHN, BUT ADD SOME GENERAL INFORMATION AND A CAUTION. YOU DO NOT SAY WHAT THE ESTIMATE IS OF THE SIZE OF YOUR FATHER'S ESTATE OR HOW HIS ASSETS WERE OWNED, INDIVIDUALLY OR JOINTLY WITH HIS WIFE. IF INDIVIDUALLY, EITHER A WILL MUST BE PROBATED, OR AN ADMINISTRATION SOUGHT (ADMINISTRATION IS PROBATE WHERE THERE IS NO WILL). IF HIS ASSETS WERE ALL REGISTERED JOINTLY, OR ALL HAD DESIGNATED BENEFICIARIES, NO PROBATE IS REQUIRED, AS THE ASSETS PASS BY THE REGISTRATION OR DESIGNATION. THE CAUTION IS THAT IF THE WIFE HAS A WILL, SHE MAY "LOSE" IT, AND CAN THEN APPLY TO BE THE ADMINISTRATOR (SHE IS FIRST IN LINE FOR THIS APPOINTMENT), IN WHICH CASE, DEPENDING UPON THE SIZE OF THE ESTATE SHE MIGHT GET EVERYTHING. I ALSO SUGGEST RETAINING AN ATTORNEY TO ASSIST YOU, BUT YOU ALSO MUST REALIZE THIS CAN BE COSTLY AND YOUR BENEFITS MIGHT BE LESS THAN THE COSTS. SORRY, YOU ARE IN THIS POSITION, BUT IT IS NOT UNUSUAL. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP.