Legal Question in Wills and Trusts in North Carolina

Joanette,

As you received papers, it seems that no estate has been opened in New Jersey as of this time. If there is no will, contact your father's lawyer to see if the lawyer has kept the will for safekeeping. Some lawyers do this as a service to their clients and some do not. If nothing else, see if the lawyer has a copy of any wills. Copies may be probated if permitted by state law. I am not licensed to practice in NJ and do not know the laws there and each state is different. If a will still is not found, did your father have a safe deposit box? Look there.

I do not have the documents you received. While I could look them over for you, I am not licensed in New Jersey and you should contact a New Jersey probate attorney for an explanation.

When a person dies intestate (without a will), state law dictates who can serve as administrator of the estate. Usually, it is the surviving spouse, if any. If there is no spouse or if the spouse refuses to serve, then the children have to select an administrator from among the children. Because of the distance, it ought to be someone who lives in New Jersey or close to New Jersey. The duties of the administrator are to figure out what your father owned and what he owed. Then they have to pay any claims against the estate and distribute what is left in accordance with state law (state law directs that the assets are divided among the surviving spouse and the biological or adopted children of your father). Again, I am not licensed in New Jersey and do not know what the specific state law says. Often, states have allotments to the surviving spouse that get paid first. They are called yearly allowance here, but may be called something different in NJ.

You say that you do not trust the family in NJ. In that case, you will need a lawyer to monitor what is going on in NJ with the estate to ensure that the administrator is doing his or her job as specified by law. It may be that you can object to the appointment of your step-mother. If so, see if NJ allows a public administrator to be appointed. That way, neither she nor you will have control andyou can be more confident that the estate will be handled properly.