Legal Question in Wills and Trusts in New Jersey

Probating a will...

My brother and my deceased mothers husband both have temporary administration.. Now the husbands lawyer wants to cut some kind of a deal. We have a will signed by the deceased but not notorized. We want to know what would be the next step to have the will be placed in effect. What kind of motion should we take or what kinda of form or court papers should we fill out for the courts? There was a complaint from the husbands lawyer which we answered and thats how the administration was set temporarily for both my brother and the husband.


Asked on 8/01/08, 2:05 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Probating a will...

Presuming what you have is an original document, properly witnessed, it can be probated in lieu of the temporary administration, but you will need one of the original witnesses to verify its authenticity and proper execution in compliance with NJ law. The situation is complicated by the temporary administration (you did not say when or how long ago this was done), and it may actually require a Surrogate's Court proceeding to straighten this out, since the administration was applied for before the Will has been presented for probate. I suggest talking to the Surrogate before you do anything to ascertain just what may be required and how to proceed. Understand that the more time that passes and what the temporary administration permits (this can range from merely getting the facts of the estate, paying bills, etc., through actually allowing assets to be distributed following the intestate laws (those that discuss how the estate of a person dying without a Will gets distributed), can make this even more complicated. I also suggest that you retain an attorney familiar with these matters to assist you, and act quickly.

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Answered on 8/01/08, 3:44 pm


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