Legal Question in Wills and Trusts in New Jersey

Re: Is Will Valid?

You raise many legal questions which need to be answered by an attorney with all the documents in front of him. We specialize in probating estates and can help you. Please call to make an appointment with either myself or my partner. Your mother needs to waive her rights, if any, to your father's estate. If she is incompetent there should be a guardian. If not one may need to be appointed. Other issues may need to be dealt with once all the documents are reviewed by an attorney.

Re: Is Will Valid?

While your parents remain legally married (no divorce), they were separated for an extended time. The fact that your mother has qualified for Medicaid (nursing home) which has not sought reimbursement from your father, appears to solidify the concept that he had no legal obligation to your mother. The Will appears good and should be probated. In the probate proceeding, the issue of a marriage with long separation might be raised, as most states have statutory rights for omitted spouses. However, to qualify more than a marraige is required; so the separation would probably deny her a statutory interest in the estate. You can check this issue with the Surrogate when you offer the Will for probate.

Re: Is Will Valid?

You really REALLY need to meet with an estates and trusts attorney like my partner. there is a decent amount of money involved here, and you need solid legal advice. Please call my office, and I will have my partner meet with you.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.