Legal Question in Wills and Trusts in New Jersey

Re: Disclosing Assets and Information about Trusts

you do not have enough information for me to give any advice. basic law: someone who is incompetent due to alzheimer's is not able to make a valid will. please call, and i will see if i can help you. 973 890 0400

Re: Disclosing Assets and Information about Trusts

In NJ, there is NO requirement that the executor provide the court with an inventory or a list of assets. In addition, asuming you are not a trust beneficiary, you would not be entitled to any information concerning the trust, and since it would not be part of the probate record, you would not be able to obtain a copy (without litigation). Further, as you are not named in the Will, you are not entitled to an estate accounting from the executor.

You best chance is to contest the Will itself.

If the facts and medical evidence are as you state, then there would appear to be strong grounds to contest the Will based on lack of competency to sign a Will.

You should meet with an attorney immediately.

Re: Disclosing Assets and Information about Trusts

Jon and Dale are both correct, although more information is required for a complete answer. If your father was, as a provable fact, incapacitated at the time the Will was written, and medical verification would be needed to establish this, you have the right to contest the Will. In NJ, this must be done within 4 months of probate or you lose this right. You would need to have some medical evidence of incapacity when you start the litigation. I suggest gathering all needed information promptly, including the admission to the facility and any medical records involved while he was there. You may need a Court Order to get that information. You give no information about the relationship between you and your father and the sister who inherits and your father and this may be important. There may also be a claim for undue influence againt the sister who inherited, if she had anything to do with the Will preparation and execution. As part of the suit, you would be entitled to get all financial nformation including information on the trust. Are you aware of any prior Wills your father made? If so, what were their contents? They may be evidential of his incapacity and/or the possibility of undue influence, if there were great differences between prior Wills and the current one. Much more information is needed.

Re: Disclosing Assets and Information about Trusts

One who applies to be appointed Executor under a Will offered for probate is required to give, to the extent known, a list of the decedent's significant assets and their estimated value. This is a public record that can be obtained from the Surrogate's Office. However, it may be incomplete or inaccurate since the Executor has not yet had a chance to fully investigate the decedent's financial affairs. To compel specific disclosure while the Estate is being administered (except in cases that extend over a period of years in which Interim Accountings may be required) you would have to seek a Court Order and give some reason backed up by evidence of potential wrongdoing by the Executor.

Of greater concern is the validity of the Will itself. if your father was not competent when he signed it the Will could be voided but you have to act within a specified period of time or you will lose the right to challenge that Will.

You should consult with an attorney familiar with Probate law for more information.