Legal Question in Wills and Trusts in New Jersey
Wills
In my fathers will(he died in 1976) he left 1/2 of his estate to his children if my mother remarried. In 1993 she remarried and just prior she had a paper drawn up which I signed that said we give up our rights to our father estate. I don't believe this paper was legal, can I go after half of my fathers estate.
3 Answers from Attorneys
Re: Wills
I understand what you have written, but it does not make any sense at all. You definitely need a lawyer to look at the Will and the document which your mother had drawn up, and the lawyer also needs to ask questions. You need some reliable legal advice.
Please go see a lawyer.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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Re: Wills
I AGREE WITH BOB THAT ALL DOCUMENTS NEED TO BE REVIEWED BY A GOOD ESTATE ATTORNEY. THERE MAY BE ISSUES THAT CAN BE RAISED, ALTHOUGH I CAUTION YOU THAT SINCE SEVERAL YEARS HAVE PASSED, YOU MIGHT HAVE AN UPHILL BATTLE TO OVERTURN WHAT YOU SIGNED. YOU DO NOT SAY HOW OLD YOU WERE, WHAT PROMPTED THE DOCUMENT, WHAT WERE THE CIRCUMSTANCES SURROUNDING THE REQUEST TO SIGN, WHAT PROMISES MIGHT HAVE BEEN MADE TO GET YOU TO SIGN, ETC. THESE MIGHT HAVE A BEARING ON YOUR ABILITY TO RESCIND THE DOCUMENT. THIS IS A REPLY TO AN INTERNET QUESTION AND THE RESPONSE IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED OR MISSING FACTS COULD CHANGE THE REPLY.
Re: Wills
Your question is a bit confusing, but the biggest problem you have is the amount of time that has passed without you doing anything. You indicate in your question that your father died over 30 years ago! The time for bringing an action in his estate has long since passed.
You also indicate that you signed a document (which 'you don't think was legal') giving up any interest in your father's estate in 1993...some 13 years ago...Unless you have an exceptionally good explanation for the delay, I think you have very litle chance of bringing a successful case against your mother.