Legal Question in Wills and Trusts in New Jersey
Before my father passed away, he told me of his inheritance plans. All insurance money, cars(including a 1966 Mustang we restored together), and house were meant to be split between myself and my sister. He left this in my sisters hands as executor. She is a lawyer and was given instructions on what to do. When he died, she claimed she was never given directions other than the will. She kept the cars, house and money. The will only stated I was to recieve half of all real property, which I was not given, and the verbal instructions were left out. I have attempted to talk with my sister about it and have gotten nowhere. My fiancee and myself were both told of my father's wishes and it seems nothing can be done without legal help. I am hoping there may be some way I could keep the car we restored together. Is there anything I can do?
1 Answer from Attorneys
When there is a Will, estate assets are distributed in accordance with the written will. Oral instructions and promises do not have legal effect.
If the will did provide that the real property go to you, you should be entitled to receive it.
You may check with the Surrogate of the County where your father resided at the time of his death to find out if the will was filed and if your sister was named as the personal representative/executor in the will and was appointed by the Surrogate to carry out those duties.
If you still have concerns, you should consult with an estates lawyer in that county to explore your options.
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.
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