QUESTION
Our uncle passed away in his orig will that he and his wife drafted left everything to my father in law but he is now passed!!
Asked on Aug 23rd, 2012 on Wills and Probate - New Jersey
More details to this question:
She was only child and they had no children. She has a attorney who has taken over her care and is in a home. Do we still have any rights to see her? We found out her taxes aren't being paid, we don't know about other things. She owes almost 7000 dollars. The house is being let go and lived in a nice home/area. Her attorney wont speak to us. We have tried to ask for a meeting with her but she said there are no relatives even tho we can prove otherwise. Do we have a leg to stand on against this attorney in NJ??? Also we told the attorney we know the taxes haven't been pd and the house wasnt being cared for, she didn't seem happy that we knew about these things. Any adive is appreciated and we don't know if a new will has been done with the new attorney.
1 ANSWER
2 Awards
If your uncle died and left everything to your father-in-law, and your father-in-law was alive at the time of you uncle's death, then your father-in-law was a beneficiary of your uncle's estate, and if you are beneficiaries of your father-in-laws estate, you do have rights. However, if he died owning the house, and the house was in joint names with his wife, then the house will have to be sold to provide for her care. If they owned the home jointly, then the home does not become part of the estate, it passes outside of the will because of the joint ownership. Chances are a new will could not be done if the wife live in a facility. Good luck - contact my office if you think I can be of some help.
Answered on Aug 23rd, 2012 at 12:12 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship