Legal Question in Wills and Trusts in New Jersey

Share of asset claim

Facts: Mother with four daughters. Father deceased.

Mother dies, 2002, NJ, leaving house to daughter #2.

Will, made in 2001, (mother competent) does not mention other daughters in any way. It does not specifically include or exclude them.

Daughter #4 currently lives in house, responsible for all bills, taxes, insurance, maintenance, repairs. House owner, #2, lives in PA.

Do daughters #1, #3 and #4 have recourse to claim a share in house in 2008?


Asked on 7/12/08, 10:32 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Share of asset claim

If your mother was competent when she made her will as you say; and there was no "mistake" in leaving the house soley to daughter #2...then it is very unlikely that daughters #1, #3 and #4 have any right to claim a share in the house [especially after waiting six years to raise the issue].

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Answered on 7/14/08, 9:30 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: Share of asset claim

Too Late

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Answered on 7/14/08, 11:29 am


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