Legal Question in Wills and Trusts in New Jersey
Hello,
I recently found out my brother lied under oath when he filled out &
signed the "Application for Administration" stating he was the only next of kin.
This involves the matter of my mom who died 5/2011. My family has been avoiding my calls & refusing to update me on my mom's estate.
I emailed the surrogate for Middlesex County "Is my brother's administration by Middlesex county court valid since I never renounced my rights to serve as administrator? What do I need to do to contest his appointment? What are my rights?
My brother asserted himself to serve as administrator of her estate since she died intestate."
The surrogate said "Your brother did not list you as a child of the descendant."
The 4 pg application filed by my brother shows he swore under oath
that there were no other next of kin.
I explained that my brother used this to file an indefinite power of
attorney to my mother's brother.
What are the wisest steps to take to gain my fair share of
this estate ?
What are the wisest questions/statements to make with my uncle who has power of attorney?
Thank you
2 Answers from Attorneys
You need a lawyer to assist you. And yes, if everything you say is accurate, then your brother has lied under oath and may have some serious problems with the law.
I do this kind of work and can assist you, and I am familiar with the courthouse in New Brunswick.
I do not charge any money to meet with most people and go over their situation with them. That way they do not spend money to talk to me, and I am free to take the case or not.
Legal problems can not be solve in an email like this. As to your situation, I can explain things in detail in person after we talk. Why don't you come see me. I will meet with you and go over your situation. I will explain what legal issues I see, and what I can do to assist you. I will also give you my best estimate of the cost for attorney's fees.
This will be a free consultation. After we talk, you can decide what you would like to do.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]
Website: AttorneyRobertDavies.com
DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.
You need an attorney to file an order to show cause and look for immediate relief. Please call my office and set up an appointment
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