Legal Question in Wills and Trusts in New Jersey

Re: wills

I also agree with the othjer writers. Until a Will is probated no one has any rights or responsibilities. Once probated, only the Executor can take any action needed to enforce the terms of the Will. Likewise, once probated, whomever is appointed Executor must notify all interested parties of the probate, who was appointed Executor and who was selected as attorney for the estate, plus be given a copy of the Will. I suggest your sister call the Surrogate where Mom rewsided when she died to see if the Will was probated. She can also find out who was appointed and who is the estate's attorney, plus, for a small fee, get a copy of the Will, or go to the Surrogate's office and see it. Depending upon what it says, she should then consult a good estate attorney to determine her rights.

Re: wills

Oh yes! First of all, a Will has no real effect until it is admitted to probate. Your brother has NO authority until then, and if he does probate the Will and he is appointed Executor, he MUST follow the Will's terms. Let me know where the house is, and I'll help you find an attorney to help your sister.

Re: wills

You and your sister [and any other siblings for that matter] are entitled to be provided with Notice of Probate together with a copy of the will once it has been probated.

She should have an attorney review the will with her and advise her of her rights. Depending on what the will says, she may have to move so that the house can be sold or distributed [without seeing the will, it's impossible for me to say for sure].

Re: wills

I agree with the other two Guru colleagues' answers. If the Will is not filed with the Probate Court, the Executor has no power to do anything. A lawyer can look this up for you all. Your brother will eventually have to show his hand or will have no authority. A lawyer is really necessary to navigate these waters. Tell me where the property is located assuming where the property is located was also Mom's domicile at the time of death as her domicile at death will control the probate venue.