Legal Question in Wills and Trusts in New Jersey

Re: will

Consult with a NJ attorney. If NJ law is like GA's, you can file to be named administrator of the estate, unless your stepmother has filed the will for probate. In either case, you can get the court order her to produce the will.

Re: will

yes, you do.

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Re: will

How do you know you are an heir? How do you know there was a Will? Get in touch to discuss this matter, and I will be able to better assist you.

Michael A. Berman, Esq.

Re: will

If your stepmother filed the will, you may be able to request a copy from the Surrogate for the County where your father 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 she did not file the will, ask the Surrogate if you may file a Caveat, requesting that you be notified if a will is filed.

Of course, as one of the other lawyers said, how do you know for sure that there was a will?

Even if there was no will, you do have rights as a legal heir of your father. Someone will have to administer the estate, and 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.