Legal Question in Wills and Trusts in New Jersey
Estate to be settled
My father recently passed away. I have siblings with whom I don't have the nicest relationship. I know my father left a will and his home, which has to be sold. My siblings have made many decisions regarding our father's finances and I'm now concerned they will settle his estate without my participation. They took most of his belongings prior to his death and I suspect there's more to his estate than they would like me to know.
Is there a time frame for the will to be settled? Am I supposed to be notified before the document content is disclosed? Are they required to notify me so I can be present when the will is ''read''?
When my mother passed away, my siblings and my father attended to the will and process even though I was a recipient of a significant item written in the will. I received the item but didn't see her will untill recently, 20 years later. They helped themselves to her belongings excluding me. I don't fully understand the process. Please advise.
Thank you very much for any light you can shed on this sitution.
2 Answers from Attorneys
Re: Estate to be settled
You are entitled to a copy of the Will if you are mentioned. A Will, in NJ, cannot be probated until 10 days from the date of death has passed. You have the right to file a contest within 4 months of its probate. Actual "readings" are only in movies and TV, rarely actually done. You can check with the Surrogate in the County where your father resided when he died to see if anything has been filed. Some information may be available by phone. You can see the document there, or, for a small fee, obtain a copy. You, at least, must be notified of the probate. If you need asistance, contact me directly.
Re: Estate to be settled
As an intestate heir, you are entitled to notice of probate and a copy of the will, assuming he had one. That will let you know who the executor is, and whether or not you are named in the will. The notice must be sent to you within 60 days of the date the will is probated.
Based on the history here, and the problems you had in the prior estate, I would recommend that you have an attorney assist you to protect your rights in the estate.
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