Legal Question in Wills and Trusts in New Jersey
Siblings left out of will?
Mother passed away 2 years ago.There are 3 grown children who were supposedly in the will.Only youngest brother was present at reading.My oldest brother and I have never been notified but have been told we were in the will and life insurance policy, however money is being ''HELD'' in CASE my father who is surving spouse should get sick and need money for ''extra medical care costs''. He's currently healthy. Our youngest brother is apparently determining what happens with this money. First we need to get a copy of the will but do not have any info as to lawyer who handled it etc. AND to find out if this money was from a life insurance policy how to go about obtaining a copy of that. There is currently no communication between my father and us (older brother and i). He sold his home and is living in a 2 family home with our youngest brother who is suddenly living quite extravagantly. Can you offer suggestions on what we can do to know if we have been duped and how we can find out if my mother's wishes were actually carried out. If the will was changed or life insurance policy changed. Our father has mentioned in past that there is a substantial amount of money involved. But was something underhanded done to prevent it's distribution.
2 Answers from Attorneys
Re: Siblings left out of will?
I agree with Jon. For a small fee, the Surrogate where the Will was probated can give you a copy, or at no cost you can go to the office of thye Surrogate and read it. By law, the Executor should have provided you with a copy. Without knowing what the document says, I cannot say what your rights may be. If you suspect the younger sibling is doing anything improperly, you should consider possibly applying for the appointment of a Guardian for your father, which will require that he be declared incapacitated to handle his affairs. This can be a long and expensive proceeding, so any consideration should be discussed with a local elder care attorney first. You may also want to meet with your brother and make an arrangement for him to periodically account to the others for what he is doing and why. If you were a named beneficiary on the policy, you should have received something from the issuer. I suspect, but could be wrong, that Mom's Will may have provided that her assets went into a trust for your Dad. Keep in mind that only assets owned by Mom alone are covered by the Will, not any assets held jointly bwteen her and others (such as your Dad). Check on whether Dad give your brother a formal Power of Attorney to handle his affairs. This might have been done, and would allow you to seek an accounting from your brother of what he has been doing.
Re: Siblings left out of will?
You need to get a copy of the will ASAP. If the will was probated, by court rule, the executor should have sent you a copy. If he won't give you a copy, you can get a copy from the Surrogate's office.
Depending on what the will provides, you may or may not have a case against one or more of the parties you mention in your note.
You should not wait any longer to resolve this.
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