Legal Question in Wills and Trusts in New Jersey

It is the principal of the fact that these people are not heirs.

I have a relative who is deceased. She was quite wealthy and has a surviving spouse of whom she married at age 65. Her surviving spouse apparently produced a will without her signature after her death. Thus, making the will null and void. He did have power of attorney. From what I have been told he has done some crooked things in order to keep the money for his two children to inherit when he passes away. These children are not my deceased relative's children. She has her own children who are righfully entitled to the inheritance. It seems so unfair. I have also been told that no attorney in N.J. with take on the case with out a $30,000.00+ retainer because the case could take years to resolve. Is that true? I understood N.J. to be a ''no problem probate state.'' Also, the state law from what I gathered clearly states the heirs are entitled to the inheritance under N.J. statues when there is no will, etc.


Asked on 9/28/03, 1:35 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: It is the principal of the fact that these people are not heirs.

I will need more facts to give an opinion on possible success of the case.. For staters, when did the wife die? Was the "Will" admitted to probate (and when) or was there an intestacy?

If there was an intestacy, the children of the decedent would be entitled to a share of the estate.

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Answered on 10/06/03, 7:46 am


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