Legal Question in Wills and Trusts in New Jersey
Father passed away in Oct 2010. He had 3 properties and has 3 children. Father lived with a girlfriend (not married) for over 20 years. Girlfriend still occupies one of the properties (the one she lived in with father) and the children want her to leave and sent her a letter regarding leaving the property. She is not mentioned in the will and therefore according to the will does not get anything. One of the children is the executor of the will and controls the properties. Girlfriend obtained a lawyer and may contest the will and had a letter sent to children's lawyer that states she wants to live in the house until she passes away at no cost to her. She is not ill and her approximate age is 60's. What is the likelihood that she will "win" this battle and either get the property or be able to live there indefinately?
4 Answers from Attorneys
I would need to get more of the facts before I could provide you with an opinion. However, as a general rule, unless your father was married to this woman [and NJ does not recognize 'common law' marraige] or specifically provided for her in his will, then her claim does not appear to be particularly strong.
Chances for her to win? Not sure. I have handled some crazy claims against estates, and gotten some money for clients who had pretty weak claims....I would need to know a lot more to give you any opinion on how much chance she has. You really should sit down with a lawyer and get prepared ahead of time.
Robert Davies, Attorney 201 820 3460
Chances are the girlfriend does not have a strong case without some writing from your father. How long were they together. Considering the current real estate market, your best bet is to work out a short lease and give her time to get out. Your family should get a lawyer immediately to negotiate with her lawyer. Going to court will only cost al of you time and a lot of money. I have experience in these types of cases and would be willing to meet with you and your siblings with the first hour free if you mention Law Guru when you call.
I agree with the prior answers. On the basic facts, it does not appear that she has a strong case, but clearly, I need to know more.I would welcome the opportunity to meet withyou and your siblings to discuss this matter further. Please contact me at 732-663-1500. Thank you.
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