Legal Question in Wills and Trusts in New Jersey

Probate

Recently my father passed away. His (girlfriend?) submitted a will for probate. I placed a ''cavaet'' against the will. It's been 10 months. We have not heard from the girlfriend or her attorney, or the court. Question: Is there a statue of limitation on a will submitted for probate that is just ''sitting there?''


Asked on 2/14/09, 3:44 pm

2 Answers from Attorneys
Nancy M. Rice, Esq., CELA Elder Law Offices of Nancy M. Rice

Re: Probate

My best guess is that she managed to get most of his estate WITHOUT probating the Will . . .that is, by joint titling of bank accounts, maybe real estate, if he had any, getting him to name her as beneficiary of IRA's and life insurance . . .I see alot of this . . .what county?

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Answered on 2/15/09, 8:35 am
Walter LeVine Walter D. LeVine, Esq.

Re: Probate

Presuming your caveat was timely filed and contained the proper materials, it should be valid. I have not seen your documents, so I cannot comment on them. I suggest checking with the Surrogate to learn the status and see what has happened in the interim. A hearing should have been scheduled by this time.

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Answered on 2/14/09, 5:15 pm


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