Legal Question in Administrative Law in New Jersey
Am I entiled to anything from my father?
My father died 4 years ago and it appears that my stepmother got everything. I was his only child and they had no children.I was never notified of what was in my father's will. My stepmother just died and my father's sister(and others) said that my father told her that everything was to be split between myself and her brother. Her brother didn't even tell me that she had died so I am assuming that he will get the house and everything that they had (he is already clearing out the house). I was told that my stepmother had taken my father to the lawyer when he was released from the hospital after they removed a brain tumor. What she had him sign is anyone's guess. How can I can get a copy of my fathers will? I have tried the surrogate in the county when he lived and they have nothing on file. I have no idea who the lawyer is and I am sure her brother will not tell me. My stepmother was very savvy when it came to money and she really had no use for me. She nor her brother has ever offered any family member anything that belonged to our family (pictures, etc). Is this worth pursing or will all that my father worked for end up with her brother's wife's family (her brother also has no children). Any guidance would be appreciated.
1 Answer from Attorneys
Re: Am I entiled to anything from my father?
You need to retain an attorney to assist you in determining whether you have any legal claims and if so, pursuing them properly.
You do not indicate whether your father did or did not have a Will; whether his estate was ever probated; etc. As a child of your father, you would be considered an "interested party" in his estate, therefore, would be entitled to adequate notice of an estate proceeding and an opportunity to file a claim.
You may have a claim against your father's estate, which may never have been probated or otherwise administered. Therefore, you may also have a claim against your stepmother's estate, in that she may have mishandled your father's estate.
In answer to your question, is it "worth pursuing"? Well, before the necessary groundwork is done, no one can tell you how much money is at stake. Further, even if you have a claim, no one can tell you that you will definitely win in a court case. That depends on all the facts and circumstances, and how things play out in court.
Psychologically, it should be "worth it" to at least make your best effort to resolve these issues. Otherwise, they will probably nag at you for the rest of your life--as they are doing, right now. You feel you may have been cheated by your stepmother. You need to retain an attorney to help you determine whether you have a valid claim, and if so, the potential amount. At that point, you can determine whether it is "worth it" to you to pursue any further.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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