Legal Question in Wills and Trusts in New Jersey

My child's father died and the family does not want to recognize my daughter as a surviving child. She is the only child this man had. We have established paternity through a court appointed blood test years ago and she is receiving social security benefits. What rights does she have and what do I need to do to act on her behalf as it pertains to the estate in the absence of a will.


Asked on 10/08/12, 2:04 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You don't say whether or not the father had a will. Whether he did or not, you should have a lawyer review all paperwork that you have, and probably file something in the Surrogate's Office to protect your daughter's interest. If she has reached the age of majority, she may consult with the attorney herself.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/08/12, 12:33 pm


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