Legal Question in Wills and Trusts in New Jersey

help don't understand legal language
my dad pasted away on aug 7 2004.He was terminal with cancer hospice was involved. my brother had power of attorney there was no wll until aug 4, 2004 when my dads live in girlfriend went to hospital with her boss, she works for a lawyer, and his 2 partners of law firm and
supposably my dad quoted this will and they all signed
Now I thought since my dad was not in his right mind that my brother had to be there to witness this and he had poa.
canyou help me seems the will is more in girlfriends favor then his 6 children. any advice please. Also we received copies of the will but was told we couldn't have the accounting of the estate cause we are not executors of it.
is this true.He also had a life insurance policy, which is
incuded in the estate, do we have a right to see that document too.

Thank you for your help

Asked on 1/12/05, 9:00 pm

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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Re: help don't understand legal language

I would need more facts to give you an opinion on how best to proceed.

To be honest, the value of the estate and the underlying facts will determine if it is economical and practical to pursue a will contest.

As a starting point, it must be determined if your father had the mental capacity to sign the will just before he died. There may also be questions of undue influence by the girlfriend. If the will is valid, the next issue is whether the executors are properly administering the estate. If the children share a percentage of the estate, they are entitled to an accounting (generally after 1 year).

Estate litigation is expensive and often takes time to resolve. You need to consider this before you proceed.

Answered on 1/13/05, 9:33 am

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Walter LeVine Walter D. LeVine, Esq.

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Re: help don't understand legal language

You have several matters to consider. Since the Will was only executed a few days before death, was your father competent? Was he on medications that may have rendered him unable to properly consider what he was doing? You might need to get copies of his hospice records and reports from his doctors. If he was too heavily medicated, he might not have been competent to execute a valid Will. Also, how long was his relationship with the girl friend? If it was only a short period, you may also have a claim for undue influence on her part, and a possible claim against the attorneys as well, if they knew of his condition, extent of medications and mental status at the time they had him sign the Will. Any of these claims must be raised in a Will contest which requires that it be started promptly (within 4 months of the probate). Will contests can be very expensive, if not settled quickly, and can take years to resolve, so the estate distribution can be delayed. You must evaluate your chances of winning, how much is at stake compared to the costs you will incur, and how long you want to wait to get your inheritance. If the estate is not large, and the differential you will get is not a major number, litigation might not be right choice. You do, as a beneficiary of the estate have the right to an accounting, including all assets (including the insurance) before the distribution is finalized and can contest any improper reporting.

Answered on 1/13/05, 10:41 am

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