Legal Question in Wills and Trusts in New Jersey
If my kids were left in a will do they have to tell me and give them what was left in the will?
4 Answers from Attorneys
I don't understand your question.
First, the will becomes effective only upon the death of the person whose will it is.
If something was left to your children in a will, it is theirs, not yours. They would not have to disclose this to you. The only exception would be if the will was your wife's, in which case you may be entitled to a share of her estate, but so would her children.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
I agree with Miriam if a Will has been probated, but your facts are unclear as to what is actually the status of this situation. If a Will has been probated and children are named as beneficiaries, they are entitled to receive what has been left to them, without telling a parent. Of course, this situation may be different if the children are minors or incapacitated and the parent is their guardian or trustee for this inheritance. Likewise, thiis response may be different if missing facts show the Will is being contested or survivng spousal claims have been asserted. I should add that a probated Will is a public document, open to anyone to see and/or obtain a copy for a small fee. Thus, if probated, a parent can see and/or obtain a copy and learn what their child might receive. More facts are required for more than a general response. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
If you want some help with this, just give me a call.
Robert Davies, Attorney
201 820 3460