Legal Question in Wills and Trusts in New Jersey

After always being told that my mother's house would be divided between myself, my sister and my brother, I found out the day she died that she left the house in her will solely to my brother. My sister, who was her POA and helped her write the will told me. I have never seen the will and was shocked by the information. She told me the only item listed in the will was the house. No other personal property, her car, household items, jewelry, etc. was mentioned in the will. My sister is also the executor of the will. Does the state of NJ require probate in this case? She is trying to avoid probate. At what point do I have a right to read the will? I have a feeling something is being kept from me. She mentioned that my brother should get the car. I believe if he wishes to keep it, he should pay off 1/3 the value to me. My sister also said as far as the household items go, we will have to "fight it out". My brother always lived with my parents (he is 51) and I assumed he would remain in the house, but it was told to me that my mother willed the house to him only because she was afraid we would try to force him out. I'm pretty sure I can't do anything about the house, since it is in her will (supposedly), but what is the proper (and legal) way to split the remaining assets?


Asked on 5/19/10, 1:46 pm

2 Answers from Attorneys
Amy Klauber Klauber & Klauber, LLP

You are entitled to see a copy of the will and it must be submitted to probate. It sounds like you will need an attorney to protect your interests. Please contact my office at 732-663-1500 to further discuss this matter.

Thank you.

Read more
Answered on 5/24/10, 2:00 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

The will must be probated and by court rule, you must be provided with Notice of Probate and a copy of the will once it is probated. You could file a caveat against the probate of the will if you have grounds to suspect that it was the product of undue influence or fraud. However, there sounds like a lot more to this story.

If this is an Ocean County probate matter, to get a fair shake in court, I recommend you hire one of the locals to help you with this.

Read more
Answered on 5/24/10, 2:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey