QUESTION
My mom passed away, mom and dad are still leagally married. Dad been living in Texas with girlfriend for the last 15 years. Mom been living in NJ.
Asked on Mar 09th, 2020 on Family Law - New Jersey
More details to this question:
Mom & dad still legally married. Been separated for 15 years. Dads been living in Texas for the last 15 years with girlfriend. Mom lives in NJ. They stayed married because of health insurance reasons. Mom passes away. They have 2 children me and my brother. Dad came back to Jersey to try and get my moms house that she bought by herself with her own money. Dad wants to get it. Does he have a leg to stand on. Or does it go to my brother and I. Also bank accounts in her name and not my dads. Who is still entitled to her assets and accounts. Would it still be my dad since they are still legally married. But hes been out if the picture for the last 20 years with his girlfriend.
1 ANSWER
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
Thank you for your question. I'm sorry you are having problems with your father. However, I believe it would be more prudent for you to consult with a "wills and estates" attorney as opposed to a “family Law” attorney. As, unfortunately, your mother passed away, and as there was/is no divorce pending, the Probate Court, as opposed to Family Court, will take charge of the matter. As such, and as stated above, a wills and estates lawyer is far more qualified than a family Law attorney to answer your question. I hope everything works out okay.
Answered on Mar 10th, 2020 at 6:41 AM
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