Legal Question in Wills and Trusts in New Jersey

Re: Your father's will

You could have been disinherited; however, you should be able to get a copy of his will. If it was probated, the county surrogate would have a copy of the will. If it was not probated, you can get a copy from your mother or the lawyer who is representing the estate. You should however, immediately seek the advice of counsel to protect your interests. If you want me to assist you, give me a call at 856-546-8010. Mention LawGuru and your first consultation is free. Good luck! Rob Gleaner

Re: my fahters will

The will was or should be probated in court and you should have received notice of the court proceeding. Your brother will be accountable and liable for any money or property he is taking money from the estate to which he was not entitled.

I think you should consult with a lawyer.

Daniel Clement

Re: my fahters will

There is no "reading" of a Will, except in the movies or on TV. The Will, if probated, would be on file with the Surrogate of the County in which your father was residing when he died. A quick call to the Surrogate will confirm if the Will was probated (give them his name and the date of death). If probated, you should have been given a copy and a Notice of probate either by the attorney for the estate or the executor. If you did not get a copy, you can see the Will and get a copy from the Surrogate. The Surrogate can also tell you who was appointed as executor and the name and address of the attorney representing the estate. They should provide you with a copy of the Will also. If you were disinherited, you could start a Will contest, although the time period to start the contest has probably passed, so starting the suit will be difficult and you will need an attorney to assist you. If the Will was not probated, it could be because the assets of your father were held jointly with your Mom and/or brother, which do not require probate. Or, perhaps, your father had another arrangement, like a trust, in place as a substitute for a Will. If you'd like, you can call me (973)-377-3313 to discuss this and perhaps I can give you additional information and advice.

Walter

Re: my fahters will

Legally, as an heir-at-law, the executor has the obligation to provide you with "Notice of Probate" giving you notice that the Will was probated and that the executor has been appointed. The executor must also provide you with a copy of the Will. If there is no Will, you will be entitled to a share of the estate under the intestacy laws.

You should engage an attorney immediately and demand a copy of the Will.