Legal Question in Wills and Trusts in New Jersey

I live in the state of New Jersey. My grandmother died and in her Will it specifically states that all of her estate should pass to my mother. Unfortunately, my mother predeceased my grandmother. The Will states that "Per Stirpes" the estate should pass to me. My mother had only one sibling, a brother and he was named executor but was left nothing in the Will. He has made representation to the Court that no Will existed and filed for Administrator which he was granted. He has refused to probate the Will and is now liquidating assets that were left to my mother and me. I also have confirmation that he holds the only original copy of the Will but refuses to acknolodge it in the Courts because if he does he is entititeld to nothing. Is this crimininal activity or fraud in any way??? Besides filing an Order to Show Cause to force the Will into the Court System, is there any criminal avenue I can seek for this behavior?

Asked on 12/29/09, 10:26 am

1 Answer from Attorneys

E. GREGORY CANNAROZZI E. GREGORY M. CANNAROZZI, COUNSELLOR-AL-LAW, L.L.C.

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How do you know you receive everthing per stirpes which is latin for "by representation"?

Is there a copy of the will. When did she die. What county was administration issued and how come you did not oppose it and contemplate legal action NOW????? You talk about criminal acts, where's the documnetary proof that the will exists? Fianlly, what is in the estate and what is the estate's value?

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Answered on 1/03/10, 11:04 am

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