Legal Question in Wills and Trusts in New Jersey
Am I entitled to anything?
My grandmother died about six years ago. She was predeceased by her husband and two sons (one of which was my father) My aunt was left in charge of her estate. I was told that there was a will leaving me, my brother and my cousins part of the estate and we would receive that part after the will went through probate. I have not heard anything about the will since and wonder if I am still entitled to anything. Does the fact that I was a minor at the time have an impact on the outcome?
3 Answers from Attorneys
Re: Am I entitled to anything?
You should first check that you were actually left something in the Will. The Will is a public document available to see at the Surrogate's office in the County where your grandmother was living when she passed away. If you were named, you should have been advised by your aunt of what and where your entitlement is located. Since you are a minor, you could not receive anything outright and the Surrogate would know where and under whose authority your entitlement is being held. Check the Will first.
Re: Am I entitled to anything?
Assuming you are named in the will, you are certainly entitled to something. What, I cannot tell without reviewing the will and the estate assets. This should have been taken care of a long time ago. You need to ask questions and become assertive. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, and especially in light of the fact that this is such an old issue, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: Am I entitled to anything?
This does not sound good. Six years is a very long time to begin to ask questions about the estate.
At a minimum, if you are named in the will you should have received notice of probate and a copy of the will. You must start by asking the executor some questions. First, you should demand a copy of the will . You may also be entitled to an estate accounting (financial records of the estate) from the executor.
You and the other beneficiaries should consider retaining an attorney to determine what you may be entitled to.
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