Legal Question in Wills and Trusts in New Jersey
When can we see the will?
My mother-in-law died on Aug 1st. My husband's cousin is the executrix of the will. My husband didn't know his mother had a will. When can he expect to receive a copy? He wants to know what's in it, when it was signed and who the witnesses were.
3 Answers from Attorneys
Re: When can we see the will?
NJ Court rules require executors to send copies of wills to all persons named in the will and to all persons who would inherit if there were no will. This is to be done within 60 days of the date of probate and the executor must file papers with the Surrogate proving that it was sent. If your husband does not receive it he may obtain it himself from the Surrogate's Office where the will was probated. If there is any hint of misdoings, you should consult counsel. As former Deputy Surrogate of Union County I am familiar with these matters.
Re: When can we see the will?
As a child, your husband has a right to Notice of Probate and a copy of the Will. Normally soon after the Will is probated, the executor or the attorney for the executor will send these documents to all interested parties.
If you think something improper has occured concerning the Will, you should be proactive about it.
Re: When can we see the will?
If you just ask the cousin, won't she give you a copy?
As Executrix, the cousin is required to give a copy. if you do not get a copy within a month or two, you may want to have a lawyer demand it.
If you believe something is being mishandled, you should talk to a lawyer NOW.
let me know if I can be of assistance.
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