Legal Question in Wills and Trusts in New Jersey

Re: Wills

You will have to probate both estates. If you call or go to the Surrogate of your county, they may give you direction in trying to do this on your own.

You will need your father's will. If he did not have one, you will have to probate his estate under the state law of intestacy [which simply means there was no will].

You may also check how the house was titled. If it was owned by your mother and father as "tenants by the entirety" the deed will say that. If that is the case, your mother automatically became the sole owner of the house upon your father's death.

Each estate has to be fully administered: that means finding out what all of the assets and debts were, paying off all debts, including taxes, and only then transferring the assets to the owner specified in the will or in the intestate law.

You may need to consult with an attorney to help you sort this out.

Re: Wills

I disgaree with Miriam, unless there are still assets in Dad's namke alone. You only need to probate Mom's Will, showing an original of Dad's Death Certificate to prove he predeceased her and that you and sister are eligible to be appointed successor executors. Dad's Will may need to be probated only if he owned assets in his name alone when he died and Mom did not transfer them to her name (improperly if she did not probate his Will- but this may be irrelevant on the grand scheme of things). If you need assistance, contact me directly.