Legal Question in Wills and Trusts in New Jersey

I am executrix of my brother-in-law's will who recently passed away. His sister was not named in his will, but now she thinks she should get everything. His 2 nephews and myself were the only ones named in his will. We live in NJ. Can his sister get anything?

Asked on 8/29/13, 7:57 am

4 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Usually, the language of the Will will control.,unless there are accounts naming someone else as a beneficiary. It sounds like you need to hire an attorney for the estate.

Good luck!

Ron Cappuccio

856 665-2121

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Answered on 8/29/13, 8:37 am

Jonathan Chester Lindabury, McCormick, Estabrook & Cooper, P.C.

I would need to take a look at the Will and also review his 'family tree' to determine who his 'intestate heirs' would be...It's possible that his sister could have standing to contest the Will as an intestate heir, depending on what the family tree reveals.

In any case, as executor, you should have an attorney to represent you as there will be NJ Inheritance Tax to deal with.

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Answered on 8/29/13, 8:49 am
Robert Davies The Davies Law Firm, P.A.

I need to read over the Will and talk to you, before I can tell you what will happen.

Usually, the will controls who gets what.

Call me, come in and see me, and I will assist. No charge for the call and no charge for the first office visit.

Robert Davies, Esq.

201 820 3460

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Answered on 8/29/13, 11:37 am
Walter LeVine Walter D. LeVine, Esq.

Presuming the Will has been validly submitted for probate, and the decedent was of full capacity when he made the Will, and not subject to undue influence by a beneficiary, it should control anything he owned personally. Joint accounts, POD accounts, ITF accounts and anything like a pension or life insurance that has a named beneficiary pass outside the Will and are not controlled by its terms. The only person having a statutory right in the probate estate is a spouse. So, unless the probate is contested, the Will controls all probate assets and the sister gets nothing under the Will .

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Answered on 9/10/13, 11:43 am

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