Legal Question in Wills and Trusts in New Jersey
father died, will in effect, not notified, only child
I just found out today that my estranged father who died in 2004 had a will. I do not have a copy yet from the Surrogate in NJ. having said that, shouldn't have I been notified of my father's death that happened 2 1/2 years ago. Even if I was to get NOTHING from the estate, shouldn't I have been notified when he died. According to obit, his present wife died in 2001, and the only other living relatives are his brother and sister. my father's brother was executor. Wasn't I entitled to contest this will @ the time of my father's death and not 2 1/2 years later.
4 Answers from Attorneys
Re: father died, will in effect, not notified, only child
As a surviving child, you were required to recieve Notice of Probate and a copy of the will from the executor. Because that was not provided to you, the time limit on when to contest the will never started to run, and you can still contest the will if you want to.
That said, [while there may be other facts you don't mention that could help your arguement] based on what you indicated in your question regarding the estranged nature of your relationship with your father, I'm guessing that you may not have a particularly strong case for a will contest.
Re: father died, will in effect, not notified, only child
This response assumes that the estate of your deceased father is in NJ.
There is a requirement that the executor or personal representative of the estate of the deceased give notice of probate to beneficiaries. It may still be actionable.
You should consult an estates lawyer in or near the county where your father resided at the time of his death.
My NJ office is in Collingswood [Camden County].
Re: father died, will in effect, not notified, only child
You were absolutely entitled to a copy of the Will and notice that there was an Estate being probated.
If you would like me to assist, please call my office. I am in Hackensack New Jersey, Bergen County, northern portion of the state. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
: father died, will in effect, not notified, only child
Your question should have been rejected. This is not because of its contents, but by the application of NJ vs. Mass Law.
You should seek a response from a NJ attorney.
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