Daughters inheritance problems

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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