Legal Question in Wills and Trusts in New Jersey
father's will
I live in California and will be unable to attend the reading of my father's will in New Jersey but my Aunt can be there on my behalf. Is there a letter I can give her to take or can I be there via telephone?
2 Answers from Attorneys
Re: father's will
You have a right to be present at the reading of the will. You can be present by telephone speakerphone. Now, it is common that a party in a divorce appears in court by speakerphone.
Fax a letter to the attorney handling the estate asserting you right to be present by speakerphone.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: father's will
While I agree with Gary that this can be done, it is rare that there be a formal "reading". This usually takes place in novels or the movies. Once probated, the Executor appointed must give you notice that it was probated and usually sends a copy. If you do not get a copy, you can contact the local Surrogate's office and for a small fee a copy will be mailed to you. A call to the Surrogate will allow you to find out if the Will was probated, who was appointed Executor and who is the estate's attorney. You can then arrange to get a copy mailed to you. Note that if you have any basis to contest the terms of the Will, you need to act fast, as there is a limited time period in which you can do this. My condolances on your loss.