Daughters inheritance problems

UPDATED: Oct 1, 2022

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Daughters inheritance problems

My daughter’s father passed June 21 of this year. We were never married or together but I am aware that she is the heir to his estate, etc. I recently found

out that his brother has taken the house and is planning to move there and nobody notified me of this until a week ago. I need to know what to do, etc. he had no Will, he has mortgage I was told by his family if $90,000 left which is being paid for by his income from his business which should also be going to our daughter. So his home, his business profits and his other possessions I need help on what to do.

Asked on August 24, 2018 under Estate Planning, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

She would have to file a claim against the estate for the money, and potentially sue if it is not  honored, and she has to do so before the estate is fully probated and closed--once it is, it is too late to seek payment or a share of the estate. Filing an objection to or claim against an estate, or filing a lawsuit against it, is much more complicated than, say, filing a small claims case--the procedural and legal rules are much more complex. Your daughter is advised to retain an attorney (if she is an adult; if a minor, you should retain one for her) to help; it is not likely that you or she could do this on your own successfully.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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