My mother died-leaving my father as executor and me 3rd….

He has since sold the house and we don’t know what happened with our mother’s belongings…etc…what can we do?

Asked on June 29, 2009 under Estate Planning, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can start at the office of the Surrogate, in the county where your mother last made her home.  This should be relatively easy to find, it will either be at the courthouse or, more usually these days, in one of the county administration buildings nearby.  A copy of her will should be on file there, and you should be able to get a copy for a small fee.  Don't count on the copy of a will you might have gotten during her lifetime, because she might have made a later one that you didn't know about.

If your father was named in the will not only as being the executor, but as the one who would get everything if he was still alive, that's almost certainly the end of the story.  Otherwise, you should consider talking to an attorney about what, if anything, you can do, based on all of the facts of the case.  One place to find a lawyer is our website, http://attorneypages.com


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