Legal Question in Wills and Trusts in New Jersey
Inheritance procedure & collection
Do you need an attorney to collect an inheritance? How can you find out if an inheritance has been left for you if you were not contacted by an attorney? Where can I find an attorney that will handle these matters? What if someone else is personating as you to collect your inheritance?
2 Answers from Attorneys
Re: Inheritance procedure & collection
I assume this estate is a New Jersey estate. You do not necessarily need an attorney to collect an inheritance. To find out if you are entitled to an inheritance, you may contact the Surrogate's Office in the county in which the decedent had his or her home at the time of his or her death. For a small fee, you may obtain a copy of the will if one has been admitted to probate. Executors are required to send a copy of the will to every person who receives money under the will. They must also send notice to people who would receive some inheritance in the absence of a will. You should contact the executor if there is a problem with your being impersonated to ensure that payments are not made to the wrong person.
Re: Inheritance procedure & collection
Everything depends on the state where the deceased lived. If you think that you are the beneficiary of a will, you should contact the court of other office that handles probate/estate administration in the County where the decedent lives at the time of death to find out (1) whether an estate has been opened, and, if not (2) what and how you can file to force an estate to be opened.
You should not need a lawyer to receive your inheritance, if there is one, but if the estate is not being administered, whether or not there was a will, you may need a lawyer to file the necessary papers on your behalf.
If someone else is impersonating you to collect your inheritance, you should immediately notify the personal representative of the estate and his/her lawyer that someone else is making the claim that you are entitled to make.
Any answer I may provide is limited to the laws of PA and NJ only.