Legal Question in Wills and Trusts in New Jersey

Re: NJ inheritence tax

Based on your question, I assume the will has already been probated and your mother's friend has been named as the executor. As a child, you are entitled to Notice of Probate, and a copy of the will, which must be provided to you by the executor.

You should retain an attorney to represent you if you believe there is anything unusual about the provisions in the will, or if you believe it may have been the product of undue influence, fraud, etc.

Re: NJ inheritence tax

Yes. The will will have to be filed in the probate court of the county where your mother resided. You may wish to consult an attorney if you do not believe that there is actually a will or if you wish to contest the appointment of a friend as executor and your (alleged) disinheritance. If no will exists, you can file probate for an "intestate." I recommend you seek an attorney immediately before any assets disappear.

Re: NJ inheritence tax

The will must be recorded with the surrogate of the county in which your mother resided. It is a public record and need only go to the surrogate's office after the will is record, probated, to read it there.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: NJ inheritence tax

If a will were admitted to probate, you should have been notified because you are the next of kin. Unless you know for sure that there is a will, your best course of action may be to assume that their is no will and to apply for letters of administration from the County Surrogate. That places the "friend" in the position of having to come forward with any will that might exist or let you administer the estate as the personal representative of your mother.

If the estate is of any significant value, I suggest that you consult with a lawyer who can help you with ensuring that your interests are protected. Call or email if I can be of help.

See also: http://info.corbettlaw.net/lawguru.htm