Legal Question in Wills and Trusts in New Jersey
Will not read
My Aunt passed away in 2005. We believe there was a will that divided her estate between her son and her nephew (my father). The son has even told us my father is entitled to half of the house. We have contacted probated court and nothing is filed there. My father contacted the lawyer that the son said it handling the case and they won't tell us anything. Last we heard he is moving from NJ to CA on SAT and leaving a realtor to sell the house and mail him the check. Can he do this? How can we find out if there really is a will? In all reality it not about money but there are personal effects (pictures etc) that he won't even let us retrieve from the house.
2 Answers from Attorneys
Re: Will not read
It sounds like you need a lawyer! What you are describing is not correct at all.
Please call me if you would like my assistance; I never charge for the first telephone call.
Re: Will not read
Something sounds very strange here.
If there is a will, then it needs to get probated as soon as possible. The fact that your aunt died in 2005 and no will has been probated to date, is very unusual.
If your aunt died without a will (intestate) then under the intestacy statute, her son may get everything
if he is the only child. In that case, someone [probably the son] would need to go to the Surrogate and qualify as Administrator for your aunt's estate....in either case, the Surrogate should have a record of the proceedings which you can review.
Unless the son has qualified before the Surrogate as the executor or administrator, he has no power or authority to sell the house (or enter into a listing agreement for that matter)...he will find that out when a title company does a search of the property...
...Unless of course he had the deed [and possibly all the other assets put into his name before his mother died]...which may explain why he has had no need to probate the will in the first place.
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