Legal Question in Wills and Trusts in New Jersey

Re: Estate dispute

Your mother's rights to the house depend on the documents she signed in the divorce. She could not relinquish any of your rights to inherit from your father in the divorce agreements.

If your father had no will, you and your siblings have a claim to whatever assets are left in his estate, if any, including the house. Your father's surviving wife and any children they had also have a claim against his estate.

The first claims on the estate assets are those of your father's funeral expenses, any taxes he or his estate owe, and claims of his creditors. Only if there are assets after paying those claims, can you, your siblings and your father's second family share in the estate.

You should contact the Surrogate in the county where your father last resided (the same Surrogate that issued Letters of Administration to your father's surviving wife), to make sure that you get the notices you are entitled to. You may also wish to have an estate administration attorney in that county represent your interests.

Re: Estate dispute

The first thing you need to do is have you and your mom see a lawyer. If there was no will, you and your siblings would be entitled to a share of the estate including the house. If your mom has been divorced, she would not be entitled to anything. But, in order to sort it all out, an attorney would have to review the divorce judgment and talk with you. If you are in North Jersey please call my office for an appointment. The first half hour is free, if you mention Guru.

Good luck.

Bernie Berkowitz

973-808-2003

Re: Estate dispute

You are in a difficult position. While your mother could not waive any rights that the natural children had to inherit from their father, the divorce could (and seems to have from your facts) have left your father with sole ownership of the house, even if a new Deed was not recorded after the divorce. If none of the children of the first marriage continued to live in that house, and depending on how the divorce was fianlized (settlement agreement, judicial determination or otherwise) and specified, the new wife, if she resided in the house at the time of your father's death, has a life estate, absent a Will. This means she can reside there until she dies or abandons it. All natural children (from both marriages) have equal shares in the remainder interest upon the new wife's death or abandonment. If the new wife does not live in the house, your interest is immediate. Since you have an interest in the estate, you should be listed with the Surrogate as a potential heir and should receive notice of all estate activity. I suggest that if you were not listed as a potential heir, you contact both the Surrogate and the attorney, if any, for the estate. Depending upon the County of residence of your father at his date of death, I may be able to assist you. Call me at 973-377-3313 if you have any questions.