Legal Question in Wills and Trusts in New Jersey
inheritance
my step-father passed away 2 years ago. my family and I found out that he left my mother no assets. the house , land and other properties he left in his son's name. Is my mother entiled to any of these assets?
2 Answers from Attorneys
Re: inheritance
Assuming there was no pre-nuptial agreement, and your mother had not waived her rights to an 'elective share' of the estate, then your mother would have been entitled to her statutory 'elective share' of the estate [approximately 1/3rd].
However, under the statute, the elective share must be exercised within 6 months of the appointment of the executor/administrator for the estate...If your step-father died two years ago, so much time has passed that your mother may now be barred from filing her elective share claim.
Re: inheritance
I have read the other attorney's answer, and he is correct.
However, I can not believe that she has done nothing for 2 years.
She should go see a lawyer immediately, one who handles estates as a large part of the lawyer's business. Go today. Pay for the consultation, spend a couple hours, show the lawyer all of the documents (Will, probate documents filed in the Courthouse, insurance documents, and anything else that the lawyer tells you may be important).
Do not let this go.
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