Legal Question in Wills and Trusts in New Jersey

father's will

how do i find out what is in my fathers will.


Asked on 3/08/09, 1:16 pm

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: father's will

If your father is still alive, you will not be able to find out what is in his will unless he agrees to tell you.

If your father is dead, and his will has been probated, you should have recieved Notice of Probate and a copy of the will. In any case, you can get a copy of the will from the Surrogate's court in the county where the will was probated.

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Answered on 3/09/09, 8:00 am
Walter LeVine Walter D. LeVine, Esq.

Re: father's will

I agree with the other authors, that this depends upon whether or not your father is still living. There is no requirement that a living parent show any family member the contents of a Will. If your father has died, they are correct that, if probated, you should be notified of the probate and be given a copy of the Will. You can check with the Surrogate if there has been a probate and, for a small fee, get a copy of the Will. If he is deceased and did not have a Will, the closest living relative can apply to the Surrogate to be appointed Administrator and handle the estate under the "intestate" statute (law that controls the disposition of an estate of a person dying without a Will).

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Answered on 3/09/09, 11:34 am
Miriam Jacobson Retired from practice of law

Re: father's will

If he is living, you could see if he'll discuss it with you. He is not required to.

If he has died, someone in the family or a family lawyer might have the Will. Or, there may not be one. If he has died, and someone begins to administer his estate, and you should get notification of that. If you suspect that the Will has been filed with the Surrogate in the county where your father resided, you may check with the Surrogate's office to find out.

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Answered on 3/08/09, 5:13 pm


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