Legal Question in Wills and Trusts in New Jersey

Re: Do I have a right to my fathers estate?

If you suspect that the will is fake, or was not properly drafted, signed, or executed, then you can sue to challenge the effectiveness of the will (if you will, you may have intestate inheritence rights, depending on the state where your father died). In this case, you should definitely contact an attorney.

If you suspect that you were named in the will, but that the step-family is trying to keep that information from you, then you can obtain a copy of the will from the surrogate's court of the county where your father died. If you discover that you are indeed named in the will, then you should contact an attorney immediately.

Good luck.

Re: Do I have a right to my fathers estate?

Sorry for the delay in responding. You can find out if a Will was probated by calling the Surrogate's office in the County where your father lived at his time of death. You can also get a copy if a Will was filed (small fee involved) or go there and read it. If you are mentioned the Executor should have notified you of the probate. If you are not mentioned, you have a claim as an omitted heir. If there was no Will, there might have been an Administrator appointed (same as an Executor, but where there is no Will). You have the same rights. One possible problem. If the assets he had were registered with the new Wife, he might not have had a probate estate (one requiring using the Surrogate's office). Then you may still have a claim against his widow, such as for undue influence. I sugest finding out what happened in so far as any type of Surrogate proceeding and taking from there, depending upon what you learn. I also suggest, once you get the basic information (probate of Will or Administration, or nothing) that you retain a good estate attorney to assist you.