Legal Question in Wills and Trusts in New Jersey
Heir
My father died, I am his only son. His girlfriend is claiming all of his belongings and starting to sell items. His house was in his name only. She told the Doctor and Funeral Home she did not know where I was although I was at her home to spend time with my father before he died and was present at his funeral although she did not want me included. Does she have the right to hold back the will if it exists? Am I not entitled to know the terms of my father's last wishes? Do I have any rights as his only son?
2 Answers from Attorneys
Re: Heir
If all the assets are in your father's name, she would not be entitled to anything unless whe is named in the Will...so I can't see why she would try to prevent the Will from being probated. As a child, you are entitled to notice of probate and a copy of the will. Also, if there is no Will, as a child, you would have priority to be named as administrator for the estate.
Re: Heir
Dear Sir:
You can pursue an action in Surrogate's court to compel your father's girlfriend to produce the will. If there is no will, then depending on the structure of your family, you may be entitled to your father's entire estate.
You should contact an attorney as soon as possible. Feel free to contact my office for a consultation.
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