Legal Question in Wills and Trusts in New Jersey

Hi there,

Yes there are several applicable statues of limitation that apply to wills and the probate process. If the will has already been probated, and absent extraordinary circumstances, you must file a complaint with Superior Court in New Jersey if you want to contest the will. Rule 4:85-1 of the New Jersey Judiciary allows you four months to do this if you live in the state and six months if you live elsewhere.

Regards,

Michael J. Duffy

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

[email protected]

I would need to know more to be able to give you an opinion.

I can explain things in detail. 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

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.

Except for contesting a Will, there are no time limits within which you are required to receive your inheritance. Estates may be very simple (little debts or expenses and liquid assets) to very complicated (real estate, closelyheld-businesses and similar assets which may take some time to handle). Plus, if the estate is subject to either State Inheritance Taxes and/or Estate Taxes (Federal and/or State) that can prolong the estate administration. If there are anticipated delays, it is proper, but not always done, to advise the heirs that there will be delays and provide some explanation. Death Tax Returns are not due for 8-9 months after a person dies, and completion of the tax proceedings can add months more to the administration process. If you are concerned, contact the Executor or the attorney and inquire as to the status. Failure to reply might be of concern and an attorney should then be retained to assist you. This is a general response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. More information is required to respond more specifically.