Legal Question in Wills and Trusts in New Jersey

Three days before my mother died of cancer,which had spread to brain,my mothers live in boyfriend had her will changed in the hospital to everything left to him. I was benficicary to original will. I filed a caveat,but its been over a month,and he has not probated the will yet,so I am in limbo. Her original will has disappeared. He won't allow me in her house to go through her paper work,and I have no idea what's going on with her taxes to be filed,or her hospital bills.Please advise.


Asked on 3/19/14, 9:44 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

You should consult an estates lawyer who handles Surrogates' litigation ASAP. This is not a DIY matter.

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* 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.

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Answered on 3/19/14, 11:28 am
Kevin Pollock Law Office of Kevin A. Pollock LLC

I'm sorry to hear about the difficulties you are having. However, because you are next of kin, you should file to become administrator of your mother's estate. You don't need the Will to do this. He's got no legal right to be in the house, so you should act quickly to have him removed. After you qualify as Administrator, you may even want to request a police escort into the house to try to safeguard the items in the house. Seek legal counsel immediately and do not engage in any self help remedies.

Sincerely,

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

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Answered on 3/19/14, 11:29 am


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