How can I assure that I will receive items that were willed to me?
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How can I assure that I will receive items that were willed to me?
My mother passed 10 years ago and I never saw the Will. My sister was the
executor.
Asked on September 17, 2018 under Estate Planning, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the will has already gone through probate and probate is over, it's too late to take action: you have file objections to how an executor is managing an estate and distributing assets before probate is concluded. Once probate is done, the estate is dissolved and you can't challenge what happened. If the estate was never probated or probate is still pending, you may be able to challenge what she has done and, in the course of that challenge, see the will. Ideally, contact a probate attorney for help. If i's not economically worthwhile to get a lawyer (e.g. the value of what you hope to inherit doesn't support or justify the cost of a lawyer, you can do this yourself, though expect it to be difficult: probate court (or surrogate's court, as its known in NJ) is far more complex than, say, small claims court. You can contact the court and/or go to its website for information and forms--here is a link, for example, to the Essex County Surrogate's Court website, and all NJ counties should have a similar court and website: http://www.essexsurrogate.com
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