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  1. #1
    monarchmom is offline Junior Member
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    Aug 2007
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    How to find my grandmother's will

    NJ
    My grandmother died last year & had always talked about her will(which I hated, I didn't want to think about that) & my daughter (now 20) & how I should not worry about college etc. She even went to see her lawyer before coming to see me when my daughter was born to add her to her will! My mother her daughter died over 20 years ago. My mother & her brother did not speak at all. I saw, spoke, visited, picked up & had my Mommom over all the time. When my Mommom died I actually had to search for the funeral home she was at & once I found them BEG & I do mean beg, & I even brought tons of pictures to prove she was my grandmother, to let my daughter & I view her before she was cremated, My uncle had no visiting hours. Now I have never heard anything about a will & didn't want to ask him (we don't speak now), but I'm wondering what happened. Is there a way to see a person's will? I have no idea who her lawyer was.
  2. #2
    nextwife is offline Senior Member
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    If one was filed, it would be in the county probate court.

    If she was married, it is possible that all assets were jointly held and passed to her spouse at death. It is also possible, if she was ill a long time and in a care facility, that she used up all her assets for nursing home, or in-home nursing care, leaving no reason to file probate.
  3. #3
    justalayman is offline Senior Member
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    you mention she went to her attorney. Any idea who her attorney was? Give them a call if you do.
  4. #4
    nextwife is offline Senior Member
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    That WAS 20 years ago, after all. Many people don't realize what their prescription meds, living expenses, medicare suppliment plans, etc will end up costing them during their retirement years. There is often less there than they anticipated.
  5. #5
    justalayman is offline Senior Member
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    the 20 years ago doesn't bother me. it is where I missed the

    I have no idea who her lawyer was.
    statement I overlooked.

    So, what you need to do is head on over to the probate court (or whatever court in NJ handles probate of estates) and see if there is a file opened in mommom's name.

    If not, then somebody might want to open a file for an intestate estate. If you do so, if there is a will giving unc anything he would not get via intestate probate, hw might come up with a will, if he knows where it is.

    INTESTATE SUCCESSION
    When no will exists, the statutes of New Jersey provide for the distribution of property to heirs, that is, by intestate succession.

    HOW WILL YOUR PROPERTY BE DIVIDED IF YOU HAVE NO WILL? THE CHART BELOW SHOWS HOW AN ESTATE IS DISTRIBUTED IN NEW JERSEY IF YOU DO NOT LEAVE A WILL.

    If you die without leaving a Will and are a resident of New Jersey, the State law provides the manner for distributing your property. Your net estate remaining after deduction of debts, taxes, family exemptions, etc., would be distributed under the Statutes governing Decedent's Estates and, in the case of most common occurrence, the heirs who would receive such property are as follows:

    Property owned jointly be husband and wife is automatically owned by the survivor. The following charts show the distribution of separately owned property.

    (Effective September 1, 1978)


    If You Die Leaving:
    Wife or Husband and Child or Children (also of Survivor) Or their Descendants
    Wife or Husband receives $50,000 plus one-half of balance

    Child or Children receive one-half of balance divided equally

    Grandchildren take their deceased parent's share unless all children be deceased, then all grandchildren share equally.

    Wife or Husband and Child or Children (one or more not Child of Survivor) or their Descendants
    Wife or Husband receives one-half

    Child receives one-half or Children receive one-half divided equally

    Grandchildren take their deceased parent's share unless all children be deceased, then all grandchildren share equally.


    If You Die Leaving: Wife or Husband but No Children or Their Descendants and
    (a) If your Mother or Father survives

    Wife or Husband receives $50,000 plus one-half of balance

    Mother and Father, or survivor, receives other one-half of balance

    (b) If no Parent survives

    Wife or Husband receives all.

    If You Die Leaving: Child or Children but No Wife or Husband
    Child or Children receive all divided equally

    Grandchildren take their deceased parent's share unless all children be deceased, then all grandchildren share equally.

    If You Die Leaving: No Wife or Husband and No Children or their Descendants and
    (a) If your Mother or Father survives

    Mother and Father, or survivor, receives all

    (b) If No Parent survives

    Brothers and Sisters receive all divided equally

    Nieces and Nephews take their deceased parent's share unless all brothers and sisters be deceased, then all Nieces and Nephews share equally.

    More Remote Cases (under this classification) are Not Covered Here

    However, the State of New Jersey takes your property if you leave no wife or husband; child or its descendants; parent; brother or sister of their descendants; grandparent; or uncle or aunt or their children; or their grandchildren.

    NOTE: Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes in intestate succession.
    Regarding the initiation of probate proceedings.
    APPOINTMENT OF ADMINISTRATOR OR PERSONAL REPRESENTATIVES
    When there is no will, an administrator, administratrix or personal representative is appointed by the court. Any close relative may be appointed.

    For an individual or a bank to be appointed administrator or personal representative, all other heirs must renounce their right. A surety bond must be furnished by paying a premium to a surety company for signing his or her bond. In the case of spouse, the need for a surety bond is waived if the surviving spouse is the sole inheritor of the estate not exceeding $50,000.00. If the estate is over $50,000.00 a bond must be provided for the amount over $50,000.00.

    The county surrogate grants letters of administration showing the authority to act.

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