Legal Question in Wills and Trusts in New Jersey
I am an illegitimate child but in my fathers will it mentions if one child dies the other children will split the estate. My father only listed 2 sons. I was a secret from his wife and other 2 children. My dad was Italian and my mom was his mistress. I have proof he wanted a girl and that he paid my mom to have me and acknowledged me as his daughter. I have letters saying he was giving me my monthly dues(allowance) and he was going to die and misses me. I never received but 12,000 in education in 1981.My dad had more than one home,racehorses and a restaurant before he passed. My fathers son Joe jr died after telling me to have babies like my dad wanted. I have 2 children and think he would want them to have some of his hard worked money. My fathers other son Robert has all the estate. He threatened me to stay away. I have the letter as well. I have the wills. I am not sure what to do first?
2 Answers from Attorneys
You have a claim on your father's estate. Threats by your brother? Horrible.
Come talk to an attorney, get some guidance, and let's see what the first steps should be.
And it does not matter at all that you were illegitimate, that has no effect. You are your father's child.
Call me at 201 820 3460. The call is free. I would be happy to help you right the wrong that was done to you.
Robert Davies, Attorney
I would need more facts and would have to review your father's will to provide you with an answer.
However, it seems as though your father had some type of parent/child relationship with you and you admit that he had acknowledged you in the past. That said, there is no 'forced heirship' in New Jersey, meaning that your father could leave his estate to whomever he wanted, and was not obligated to leave you [or any of his other children] anything in his will, so I disagree with Mr. Davies suggestion that you have a claim on your father's estate.
You would have a stonger claim if your father did not know of your birth [possible claim as omitted child]...or if your father had died intestate [i.e. without a will] because then you could inherit under the NJ intestacy statute.
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