Legal Question in Wills and Trusts in New Jersey

Re: What are estranged children entitled to after death of parent?

Unfortunately children have no statutory rights to be included or participate in a parent's estate. Unless your father provides for you in his Will, he can disinherit you and your siblings, absent a showing of undue influence by the person(s) otherwise getting his estate. Undue influence is difficult to prove, especially where, as you indicate, there has been little contact over the years, even though you live in the same town. You do not indicate why there has been little contact, so I suspect there is some great reason why the relationship has not been maintained. If there is an interest on your part, other than just getting some money, I suggest you and your siblings get together and try to re-establish the lost relationship. If necessary, maybe even family counselling might be in order. I have been involved in numerous situations like you describe and my consensus is that children believe they are entitled to inherit just because they are children, and forget that the privilege to inherit carries with it the responsibility to have and continue a relationship based upon something other than the reward they anticipate receiving. If there has been a problem and you want to discuss it, you can call me at (973)-377-3313.

Re: What are estranged children entitled to after death of parent?

Children, whether estranged or not, are entitled to nothing from a parent's estate. Unlike a remaining spouse, who has statutory rights to take in spite of a will that attempts to cut him or her out, absent undue influence or fraud, children have no such rights. Isn't there a more important issue here? Why don't you have a relationship with your father? You should be more concerned about your relationship than you should be about his money. In any case, 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. If you have any other questions or concerns, or if you believe you want to take some 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