Legal Question in Wills and Trusts in New Jersey

Probate litigation / estate settlement

My estranged stepfather is the Admin of my late mother's estate. He claims that I have items that belong to the estate. I told them that DO NOT have these things. Some of the items he claims I have don't even exist (expensive jewelry, etc)! ''The estate'' is now suing me for the items and ''damages.'' What kind of proof does he need in this case?


Asked on 3/19/08, 12:04 pm

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Probate litigation / estate settlement

He would first have to prove that you have the items. Then he would have to prove that they belong to the estate and were not gifts to you by your mother. You may need an attorney to help defend the lawsuit. If you want more information or help call our office for an appointment.

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Answered on 3/19/08, 12:15 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Probate litigation / estate settlement

I agree with Bernard, adding only that the estate must prove even that what they are claiming you have even existed. I suggest retaining an attorney and considering in your Answer to the complaint a claim for frivolous litigation, which if you are successful will allow you to be reimbursed your attorney fees and costs.

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Answered on 3/19/08, 1:26 pm


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