Legal Question in Wills and Trusts in New Jersey

Heir not notified of probated will

My Grandfather passed July 2006. I found out this week a will was probated Nov. 2007. The court said they never received the caveat I file Oct. 2007 and I can't prove I sent it and did not follow-up on it. My loss. However, no one has notified me regarding the probated will and if he had died intestate, I would have been a legal heir. My father was the ''black sheep'' of the family, hated by his step-mother and siblings and I am his only child. I do not have a copy of the will yet, but I hear my Aunt and my Uncle are the only beneficiaries. I have read online that I only had 6 months to contest the will since I live out of state. Is there something to protect me since I was not notified that a will been probated? I was told their was no will and since they have sold the house, I thought everything was OK especially since I fixed any potential problems filing a caveat. Help! I need a good attorney in Morris County, NJ. Thanks!


Asked on 7/18/08, 11:48 pm

1 Answer from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Heir not notified of probated will

Without looking at all the documents, it is hard to give a complete answer. However, if you are an immediate heir, you should have received a copy of any probated will. The Surrogate can tell you if a will was ever filed. If you did not receive it you could file a lawsuit against the other named heirs and the executor. Do you have a copy of the caveat you filed? In any event you should talk to a Morris County attorney as soon as possible.

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Answered on 7/21/08, 10:06 am


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