Legal Question in Wills and Trusts in New Jersey

Probate will answer

sirs;

My father is deceased since ''83 and my mother is now in a nursing home. Sometime ago my sibilings told me that our mother wrote me out of her will. How can i verify this.

thank you ken


Asked on 3/05/04, 12:54 pm

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Probate will answer

I suppose you could try to find a copy of the will (assuming you could locate it) but I do not believe that you are entitled to see a copy of the will unless your mother agreed to let you see it.

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Answered on 3/05/04, 2:05 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Probate will answer

The Will is a private document until probated, which does not occur until someone passes away. Even if a copy were available and someone allowed you to read it, there is little you can do now. This is especially true if your mother is in a nursing home and incapacitated, as she may not have the capacity to change it. You do not say why you were excluded nor if there was justification for doing so, which may continue to this date. On the other hand, if the original reason no longer exists, and depending how the Will was written, there may be other options that could take place when she passes away. There is not enough information given to provide a better answer and more facts are needed to give you any additional advice.

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Answered on 3/05/04, 2:26 pm
Steven Tarta Steven Wayne Tarta, Attorney At Law

Re: Probate will answer

You do not have a RIGHT to see the will; you can request this information from your mother, but it's entirely her election to disclose such information as the contents of her will.

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Answered on 3/05/04, 2:59 pm


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