Legal Question in Wills and Trusts in New Jersey

My mother and step father were both ill and I had the POA mother dies in Jan step father revokes his POA and assigns a grandson he just found out was his grandson 5 years ago he is 35, stepfather dies Sept 8 months later but no one every told me if a will exist or not, do i as a biological son have any rights to anything since my mother paid for 99% of the belonging in the house?


Asked on 9/23/10, 12:00 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Since your mother was the first to die, her estate must be administered before your stepfather's. If your mother had a will, it should be produced and filed with the Surrogate of the county where she resided. Without a will, surviving legal heirs, which would include her spouse and her children, inherit her estate.

You should consult an estates lawyer who could assist you in determining what your rights and options are and how to protect them.

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.

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Answered on 9/28/10, 8:12 pm


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