Legal Question in Wills and Trusts in New Jersey

Re: A son's rights

I agree with Alan. I am a little confused by the question about your brother being a minor. Did the Will actually say your aunt got the estate while he was a minor, or did she get it in some capacity other than outright to her, such as a trustee for your brother while he was a minor? I would need to read the language to verify what was intended, before providing you an answer.

Re: A son's rights

Your attorney would have to review the actual Will and learn more of the specific facts to properly advise you.

However, typographical errors, by themselves, will not invalidate a will. The example you give, a "wrong" address for the executrix, does not even seem to be a typographical error. Obviously, the executrix could have changed her address since the will was originally prepared, thus the Will would have the "wrong" address, but that would not invalidate the Will.

Second, your question is not clear about whose Will you are talking about. Is it your father's Will, or your brother's Will? I will assume that it is your father's Will. I will also assume that your father's Will left everything to your father's sister (i.e. your brother's aunt).

If you, your father, or your brother believe that a Will was prepared via undue influence, or otherwise wish to make a claim against a decedent's estate, then you need to file a claim against the estate within the appropriate time limit. If the matter cannot be settled, then it will need to be litigated, i.e., you will be given an opportunity to present evidence and a judge will decide, pursuant to the law.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]