Legal Question in Wills and Trusts in New Jersey

If you know this for sure, you can bhring an action to compel her to do it. If there were no assets in your mother's estate registrered in her name alone, there is no reason for her to probate the Will, as assets that have multiple names on them or which have designated beneficiaries (like life insurance or retirement plans) by-pass probate and go as the registration specifies.

First, has your mother died, or is she still living? No will needs to be filed (probated) until after a person dies.

Second, how do you know for sure that there was a will?

If your mother died and if your sister filed the will, you may be able to request a copy from the Surrogate for the County where your mother lived in NJ. You may find the contact information online by looking for NJ government and then the County. Start at http://www.state.nj.us/nj/govinfo/county/index.html

If your sister did not file the will, ask the Surrogate if you may file a Caveat, requesting that you be notified if a will is filed.

Even if there was no will, you do have rights as a legal heir of your mother. Someone, and that may be you, will have to administer the estate. Check with the Surrogate's Office. If your sister has applied to administer the estate, you should receive a notice. Then you should try to get information from the person who will administer the estate.

Only if there are assets left after paying all obligations of the deceased and of the estate, including taxes, can anything be distributed to heirs and other beneficiaries.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.