when I was 11 my parents divorced. my mother said that in the divorce agreement it was stipulated that on my father's death my brother and I would get a portion of his estate. some 40 years later my father died and his will stated that he leaves me and my brother nothing. Aren't we entitled to what he agreed to in the divorce, even if the will states he leaves us nothing?
State/Country relating to question: New Jersey
Welcome. This site allows for a general response that will help you with your legal issue. If necessary, for specific advice contact a local attorney. I am happy to help. If you need clarification, hit reply and ask a follow up question prior to providing a rating. You are correct. Generally a divorce degree takes precedent over a person's last will and testament. A person is entitled to what was set forth in the divorce degree or settlement agreement. You would have to bring this to the attention of the Court if the personal representative of the estate fails to recognize the divorce degree. If you need further clarification, hit reply and let me know prior to providing a rating. Otherwise, please provide a positive rating so I receive credit for the services I am providing you.DamienBosco41101.4630015393
Thanks, XXXXX XXXXX you look headed for an excellent rating. My follow up is: Being on the other side of the country (southwest) how does one go about finding a copy of a divorce document from 1963 or thereabouts that was filed in south jersey? Is there a somewhere records of that sort are kept from almost 50 years ago? thank you.
Hi James: Thanks. I am happy my answer has helped you. New Jersey divorce decrees should be available through the Superior Court of New Jersey Records Center. For more information on obtaining a certified copy of a divorce decree, call the Records Center at:(NNN) NNN-NNNN Usually record centers have older divorce documents in archives or on microfiche and may take awhile for them to retrieve them. However, they should have the records barring any unforeseen reason. If you need clarification, hit reply and let me know prior to providing a rating. Otherwise, please provide a positive rating so I receive credit for the services I am providing you. Thanks, Damien
Helping You with Estates, Real Estate and Business Law.
Hi James:I just want you to know that I am available for your future legal questions. Feel free to contact me. You can book mark my page as set forth below.Best regards, Damien BoscoTo Bookmark - copy and paste the following address to upload page to bookmark: http://www.justanswer.com/law/expert-expert-damien-bosco/
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