Legal Question in Wills and Trusts in New Jersey

Re: will not probated

If there is an original Will, it should have been submitted to probate. It seems like the son, who would be the sole inheritor if your aunt had no survivng husband or other children, has not submitted the Will, but is proceeding as if your aunt died intestate (without a Will), in which case he would be the sole heir. The status of the estate can be checked through the Surrogate's office in the County where she resided at the time of her death. You need to act quickly to freeze everything, and this would require that at least a photocopy of the Will be available to you, which if you do not have, you might be able to get from the attorney who prepared it, along with an Affidavit from the attorney that it is a copy of the last known Will. You need a good estate, litigating attorney to assist you, as litigation is required. If you do not have the original or a photocopy, and only your aunt's word, you will probably have a great up-hill battle to get anything, and expect the son to contest all you will be doing. Keep in mind that this could be very costly litigation and without some major proof of what your aunt provided or told you, you could probably lose the litigation and recover nothing.

Re: will not probated

You need a lawyer's help. and no, what you are describing is not legal.

Please call me, you need some assistance. your cousin sounds like a criminal (avoiding a warrant?) who may steal whatever he can. IF he forges documents, he may be able to steal quite a lot here.

Get some help. Be prepared to take action to stop this nonsense.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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