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Does a will need to go through probate after 26 years?

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Nothing was ever with will or estate done after mothers death. I have copy of the Will; I am representative of mothers estate. Youngest brother lived in home until his death August of this year; mothers death was in Sept of 1983. Will never went through probate. Also unable to remove brother's son from property. How do I go about resolving the Will and getting my brother's son removed from home?

Asked 10/29/2009 under Wills, Trusts, Probate | 185 View(s) | More Legal Topics

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B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

You need to talk to a lawyer about this, if the house is still in your late mother's name.  You've created a large problem for yourself by not dealing with the estate for all these years;  you also need to find the original of your mother's will, if at all possible.

At some point, the estate will have to go into probate, with a personal representative appointed (you, if the will is accepted and the court doesn't decide that the delay disqualifies you from the job).  The personal representative will then be able to get the young man out of the house.

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