Legal Question in Wills and Trusts in New Jersey
NJ Probate Questions
My father, who remarried, but had no other children besides me and my siblings died a few months ago...Feb. 2005. His spouse and her children have already begun to indulge in my father's assets. We all have seen a will in the past, but she said that he never had a will. From what we know, she has already started the probate process and has put up a $1,000,000 bond on the estate, which was suppose to include my grandparents estate and assets, as they died about 3 months before my dad.
Today we were told that she would be entitled to everything and would give us nothing. Can she do this? Is there anyway to reverse a decision already made, especially if we are his rightful heirs?
Also, my sisters were adopted, are they entitled to have a say or do anything in regard to being a PR?
How long should the process take and what to do if she has already transferred all possessions into her name?
5 Answers from Attorneys
Re: NJ Probate Questions
If this is a NJ estate, you should immediately hire a local attorney to represent you. The new wife may have attempted to defraud the Surrogate by indicating she had no children with your father. In NJ, where someone dies, leaving a spouse and children (even if not children with that spouse), the children have a share of the estate. This would include legally adopted children, unless there was a Will to the contrary. You should contact the Surrogate in the County where the proceeding is taking place and advise them of your and your siblings existance. You can, for a small fee, get copies of all documents filed, which will show what the wife told the Surrogate. If she misrepresented anything, you will need a local attorney to file suit to assert your claim to a share of the estate. Contact me directly if you need further information or assistance.
Re: NJ Probate Questions
Obviously, the first thing you should do is contact an attorney directly with all the information you have. Also, you should call the Surrogate Court for the County where your father lived when he died and see if the estate was in fact probated and when. If your father died after February 28, 2005 you and your siblings will be entitled to some of the estate. If it was before and there is no will to the contrary you may get nothing. Make sure you provide a copy of the death certificat to whomever you contact.
Our firm has over 30 years experince in probate matters both contested and uncontested. Please call for more information or email us.
As to your sisters, if they are adopted, they are treated the same as you.
Re: NJ Probate Questions
Get hold of a probate lawyer that practices in the county where your father lived, ASAP.
Re: NJ Probate Questions
If he died in 2005, was married and had no will, then the surviving spouse takes all probate assets. You need to locate the will (if one exists) ASAP. Even if he had a will, the surviving spouse will be entitled to an elective share of the estate (approx. 1/3rd).
Re: NJ Probate Questions
You need to take action immediately. You need to find that Will, if you are to have any chance to prevent his 2nd wife from taking all probate assets. YOu will need to investigate, search and find that Will, not an easy task if she will not let you in the front door, worse if she found and burned that Will.
You need to hire an experienced probate litigation attorney.
I am in northern NJ. Call if I can help. 973 890 0400
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