Legal Question in Wills and Trusts in New Jersey
My father has died and did not leave a will, his girlfriend of 35 years has filed a caveat, can that prevent applying for administrative rights to probate the estate? Monmouth county , New Jersey.
3 Answers from Attorneys
You need a good lawyer to fight this for you, an attorney with experience in estate litigation.
Please do not try to do this without expert help.
Condolences on your loss.
A caveat merely is notice that if someone has a will, they should file it, or a suggestion that a filed will was in some way invalid.
If there was no will, heirs eligible to administer the estate may/should still apply for probate, and, as Mr. Davies suggests, if there will be a contested administration, you should engage the services of a lawyer in the county where your father resided at the time of his death.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
I agree with Miriam. Have a family member file to be Administrator of the Estate and see what the caveat is all about. A lawyer may only be needed if there is ligitimacy to her claim.