Legal Question in Wills and Trusts in New Jersey

my father passed away and left a will. it stipulates his second wife can remain in the house until she remarries or passes away. if she chooses to move the house is divided between the children and his wife.

we started a probate of the will but my step mother went to an attorney who advised her against this. why would he do this? the only thing i can think is she is going to fight for the house?

can you give advice? should we proceed with a probate--will that protect us in any way?


Asked on 4/05/12, 11:49 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

This type of question is really impossible to answer without a review of all the relevant documents [Will, etc.] and a meeting to review all the relevant facts. That said, I don't know why the attorney would not want the Will to be probated...that seems like a logical first step in the process.

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Answered on 4/05/12, 12:03 pm


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