NJ Probate Questions

[Cprsphnx]

What is the name of your state? NJ

My father, who remarried, but had no other children besides me and my siblings died a few months ago...Feb. 2005. His spouse and her children have already begun to indulge in my father's assets. We all have seen a will in the past, but she said that he never had a will. From what we know, she has already started the probate process and has put up a $1,000,000 bond on the estate, which was suppose to include my grandparents estate and assets, as they died about 3 months before my dad.

Today we were told that she would be entitled to everything and would give us nothing. Can she do this? Is there anyway to reverse a decision already made, especially if we are his rightful heirs?

Also, my sisters were adopted, are they entitled to have a say or do anything in regard to being a PR?

 

[Dandy Don]

What a crafty little witch!

If this estate is probated as intestate (meaning without a will), then the spouse is entitled to the first $50,000 in estate value, with 1/2 of the balance of anything over that amount going to the spouse and the other 1/2 is split amongst surviving children, so you really need to get some idea of what the estate is worth before you know whether or not you will be getting anything.

At least talk to a probate attorney to find out if there is anything you need to be doing--it just may be as simple as attending the probate hearing and waiting for the process to play out until you get your check, assuming she has even reported your names on the heirs eligibility list. Check at the county courthouse to see if she or her attorney has even filed to open up the estate for probate (normally that is done within 30 days of the death).

If nothing has been filed you may want to get your own attorney to open up probate at least to get things started. It looks like she is deliberately stalling and lying to you all so that she wants you to think you will be getting nothing, when that may not be the case unless the estate has less than $50,000 in assets.

DANDY DON IN OKLAHOMA ([email protected])

 

[Cprsphnx]

still looking

I still need some advice or a good N.J. probate lawyer

 

[BlondiePB]

At the top of the page, click on "Find An Attorney Now' or call the NJ Bar for a recommendation.

 

[Dandy Don]

A New Jersey probate attorney is probably not very likely to be reading this message board. Post your question on another free advice website called www.lawguru.com