Legal Question in Wills and Trusts in New Jersey

My dad passed away 24 yrs. ago and left a will Stating he left the house to the kids. In Nov 2012 my mom changed the will and left it to my 2nd oldest sister and my youngest, 50/50 split. ( My mom pasted in 2015) But the will states that all property inside and out that is sold, 45% to both sisters and 2% to me and my brother.

They sold or got rid of everything in the house, me and my brother haven't received not one penny. It's been a year already what can we do to take action. We didn't even get any pictures or her personal stuff for remembrance. Please help!


Asked on 3/23/16, 8:49 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Your father's will should have been probated and his estate administered after he died all those years ago. I don't know if you and your siblings were minors at that time. If you were, your mother or the named executor in the Will had an obligation as fiduciaries to do so on your behalf. If you were legally of age, you should have inquired into it at that time. If you only just found out about your mother's taking any illegal action with respect to your father's estate, you may still have rights despite the passage of so much time.

Now, consult an experienced estates lawyer in the county and state where your father and your mother resided at the time of their respective deaths to find out if you have any rights in your father's estate and what actions you may take in your mother's estate.

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.

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Answered on 3/23/16, 9:43 am


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