Legal Question in Wills and Trusts in New Jersey
Question about an estate
My sister was contacted by a forensic geneaologist who says that we are related to a woman who died in New Jersey and left no will. He says that he will do all the legwork and in return she would agree to pay him 1/3 of the money recovered. My question is that, even though I didn't receive a letter from him, am I still entitled to a portion of the estate and, if so, am I obligated to pay him 1/3 of the money I receive? How would I go about finding making sure this is handled fairly?
2 Answers from Attorneys
Re: Question about an estate
I would exercise a great deal of caution in any case where I am contacted by someone claiming to be able to get an inheritance for me. These often are scams. If, indeed, a relative died without a will, the law provides that the heirs inherit.
Once your sister signs a contract with this "forensic genealogist", s/he may try to get personal information from your sister that would enable the "forensic genealogist" to access her/his bank, credit and other records.
If you know the name of the relative [and I'll bet that the "forensic genealogist" didn't give that name to your sister], you may check death records at http://ssdi.rootsweb.com and following instructions to enter the name. The service is free.
Once you've established that a relative has died, you may go to the Surrogate's Office in the County where the relative resided at the time of death and find out how to administer the estate.
As an heir at the same level as your sister, you are entitled to an equal share in the estate, unless a will provided otherwise. No one should have to pay 1/3 of their inheritance to claim it.
Re: Question about an estate
Don't sign anything from the heir-search firm. Most of these companies are pretty shady. If you know the county in NJ where your relative died, you can contact the Surrogate's court and obtain all the information you need without the search firm getting 1/3rd of your inheritance.
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