Legal Question in Wills and Trusts in New Jersey

Does my mother have a claim?

My mother was an illegitimate child of a wealthy man. He made it clear to my grandmother he wanted nothing to do with her. He passed away a few weeks ago. Could she have any possible claim to his will?


Asked on 9/02/01, 9:29 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Does my mother have a claim?

It's doubtful she has any claim if he had a Will. He could leave his property to anyone, and need not have included your mother as a beneficiary. Unless the Will is somehow invalid, she would probably have no claim. However, if he died without a will, if paternity could be established, she would be entitled to a share of his intestate estate.

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Answered on 10/01/01, 7:56 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Claim of illegitimate child

A person can leave his or her estate to anyone, by having a will prepared, cutting off children if that is his/her desire. However, in the absence of a will, a claim can be made. There is a time frame within which claims must be made. Therefore you should act quickly if you want to make a claim. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 10/01/01, 9:29 am


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