Legal Question in Wills and Trusts in New Jersey
Non Adopted Step Child Eliminated from Will
Background: My mother was married to my step father for 30 yrs. They are both in their nineties. They had individual financial accounts plus several joint accounts. My step father recently died & left my mother only 20% of his estate. He left 3 nieces 60%; my 2 step-sisters each 10% and myself nothing. This will was redrawn about 2 yrs ago; before that I have copies of his previous wills which leaves my mother a better percentage and also includes me as well. My ''parents'' were in the process of buying a home near me because I was the one who offered to care for them. My questions are these: First, does my mother have any right to question this small bequest (my step-father always told her ''she would be well taken care of'') and Second: Do I have any right to inquire to the attorney who drew this will if there was any reason given for leaving me out of the will and causing me such embarrasment in front of the family. Your help would be greatly appreciated.
1 Answer from Attorneys
Re: Non Adopted Step Child Eliminated from Will
Depending on their respective assets, and assuming they were living together when he died, it's possible your mother may be entitled to more than the 20% the will provides for her. A spouse is entitled to an 'elective share' that is roughly one-third of the 'augmented' estate. If she is going to contest the will, she must do so within 6 months after the will is probated. I'm assuming there was no pre-nuptial agreement which could change this. I'm also assuming there was no undue influence or competency issues as you have not raised them here.
As for your being excluded from the will, unless there was some issue of competency or undue influence, or if there was a clear mistake, I'm afraid you have no recourse, and I doubt the attorney would provide you with any information as to your step-father's motivation in leaving you out of the will.
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