• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

New will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dawnsomething

Junior Member
What is the name of your state (only U.S. law)? New Jersey
My father recently found out he has cancer. We live in New Jersey. He has changed the beneficiaries and divisions of property on his will and the executors as well. His lawyer is friends with one on the members of the family and as soon as the new will was delivered the sibling that is friends with the lawyer came over to discuss the fact that there was a new will and that the distributions and executors were changed. My questions is can the Lawyer legally discuss the will with the family member without my dad's knowledge or approval? The lawyer has also asked why the family member was removed as the executor off the old will. In the old will the house was set up in trust 75% to his kids 25% to mine and the new will gives Him 50% and Me 50% of the house and a quick claim was to be filled with the state. He is trying to say my dad can not change the trust of the house which makes no sense to me. There is also a no contest clause in the old and new will but my brother says the minute my dad passes he is taking me to court. Can this happen?? Can he just sue my dad now for what he wants?? Please help me I am so confused.
 


anteater

Senior Member
OK... Your brother's a blowhard. Let him spout as much as he wishes and, after your father passes, see if he actually does anything. If he wishes to contest the will, that is his right. And, offhand, I don't know how NJ treats no contest clauses. In most states, they are not enforceable if the courts deems that there were reasonable grounds for the contest.

As for,
In the old will the house was set up in trust 75% to his kids 25% to mine and the new will gives Him 50% and Me 50% of the house and a quick claim was to be filled with the state. He is trying to say my dad can not change the trust of the house which makes no sense to me.
This is confusing enough that I pass on commenting.
 

dawnsomething

Junior Member
He has called and harrased my dad all weekend to the point where my dad was begging him to stop and said fine anything you want just leave me alone but my dad really does not want to change the will from the way he has it now. He is happy with the way he made the new will. My dad has stage 4 lung cancer and is going through chemo every 3 weeks and my brother does nothing to help him even though he lives only 5 minutes away. he has only caused trouble and is making my dad so upset he cant even sleep.
 

curb1

Senior Member
You asked, "The lawyer has also asked why the family member was removed as the executor off the old will".

That doesn't make sense. Did the lawyer discuss this change with your father?


It is important that your father's mental state is clearly established. It will come up after your father passes. These changes should accurately represent his intentions.
 

dawnsomething

Junior Member
It didnt make sense to me either other than she is a friend of my brothers family and my dad said he wanted the executors changed to the people that are caring for him on a daily basis. He is of sound mind and the lawyer has told me she thinks he is of sound mind as well.... This is really killing me
 

curb1

Senior Member
So when you talk about this with your father, what does he say? Who is the "new" executor, a family member, friend or institution? How is your relationship with the "new" executor?
 

anteater

Senior Member
He has called and harrased my dad all weekend to the point where my dad was begging him to stop and said fine anything you want just leave me alone..
As understandably angry as you are, you don't have a dog in this hunt yet. Your father is the one who needs to take action to stop the harassment. And to have a stern talk with the attorney about who the client is and disclosing client information to a third party.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top