What to do if my brother passed away and his lawyer said he left everything to his partner, who dies only days later?
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What to do if my brother passed away and his lawyer said he left everything to his partner, who dies only days later?
His partner died 15 days later. The lawyer said she would see if she could send me a copy of the Will, due to privacy issues. II haven’t gotent anything and that was weeks ago. Is that true that I can’t have a copy of the Will?
Asked on February 28, 2013 under Estate Planning, New Jersey
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
In Florida, the person who has possession of the will must file it in court within 10 days of the testator's death. If they fail to do this, a court action can force them to do it. New Jersey may have a similar provision.
If you are a beneficiary of the will, you have a right to see it. It sounds like you are not a beneficiary in the will. In many states, heirs at law (the people who would inherit if there were no will) have a right to see the will. You should consult a New Jersey probate lawyer to see what your rights are.
When I draft wills, I always recommend that my clients include a "survivorship clause" in their wills - this provides that their beneficiary (beneficiaries) must survive them by a certain number of days or they are deemed to have passed before them. I like a 90 day survivor period for exactly the reason you are facing. In your case, even a 30 day survivor period would have prevented the problem you may be facing. Without this survivor period, the testator's entire estate passes to one beneficiary and then on to that beneficiary's heirs. This is rarely what the testator would have wanted, and none of my clients have ever chosen to omit a survivor period.
Please consult your own probate lawyer to see what can be done.
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