Legal Question in Wills and Trusts in New Jersey
Son of Decesed Mother needs to know rights
Hello, My Mom passed away on June 14th. My Mother's siblings since that time have totally taken over my mother's funeral and estate. I have been completely shoved aside in the process... I have been told that there is a will but have not seen it. My Mom and I had a good relationship but from what I have been told my Aunt is the executrix. I have also been told my children are the beneficieries. My aunt's and Uncles have been clearing things from my Mother's house in Toms River as well as staying there since her death. I have been told that I am not allowed at my Mother's house at all nor am I entitled to any explanations other than everything is to be sold. No will has been probated as of yet. My Mom�s house was under contract for sale before she passed and the closing date was supposed to be July 15th. Is there anything I can do to find out whether or not these people have the right to do what they are doing since I have not seen the will..? Can I go and take possesion of my Mom's house until they prove otherwise..? Help!!!
2 Answers from Attorneys
Re: Son of Decesed Mother needs to know rights
No one except the Executor has the authority to do anything with any property of the decedent. The Executor must be appointed by the Surrogate's office in the county of the decedent's residence after submitting the Will for review and acceptance by the Surrogate. Any one who stays can be held liable for a fair market rent. Anyone who removes anything of value who is not entitled to it under the terms and conditions of the decedent's Will may be commiting theft. By the way, the real estate cannot be sold without the appointment of the Executor. In the absence of a Will, the court will appoint an Administrator. If you wish to discuss this further, please call me at (973) 731-5110
Re: Son of Decesed Mother needs to know rights
Only the Executor or Administrator(if there is no will) has the authority to do anything for an estate. The property cannot be sole without an Executor and a tax waiver from the State. Does the estate or your mother have an attorney? Who was representing her when she died? They could give you some answers. As far as the house and its contents, they are subject to the terms of the will and the powers of the Executor. As the next of kin, you have a right to a copy of the will. If no will is probrated, you could apply to the Surrogate Court as an administrator. You need to see an attorney who is knowledgable in probate matters. Our firm is and we would be happy to help you. Please call for an appointment. If not us, contact an attorney near where your mother lived, since he will be more familiar with the local Surrogate Court. Good luck.
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