Legal Question in Wills and Trusts in New Jersey
Sister won't give copy of will to rest of siblings - 2 houses, IRA's, insurance policies involved - says will is in probate - I checked it's not - how do we get to see copy of will? Mom told each of us there were IRA's for each one, 2 houses to be divided equally, savings account - she knows attorneys name - she's not sharing information.
Within the next 2 weeks she wants to put houses on market - can she do that before we see the will?
Thank you for any information you may provide us.
2 Answers from Attorneys
The will must be probated which requires that it be recorded with the county surrogate's court where parent died. It is a public record. Just go to the Surrogate's Court in the county of the parent's residence an pay a nominal fee for a copy of the will.
This sounds like a real mess. Your sister can't sell the house...if the will was not probated, she has no authority to sell anything [since she has not been appointed as executor until the will is probated]...she's going to find that out the hard way... She does not even have authority to sign a listing agreement with a real estate broker until the will is probated.
Once the will is probated, she MUST provide you with Notice of Probate and a copy of the Will...This is required by NJ court rules.
An IRA is not a probate asset. These accounts pass outside the estate to the designated beneficiary. You can contact the IRA custodian directly to get information on how to collect the account.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
