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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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My Father passed away in 2009. My father had re-married and

Customer Question

My Father passed away in 2009. My father had re-married and my Step-Mother and I are not on good terms. She stopped speaking to me after his funeral. I have a half brother & 2 step sisters. My father & step-mother owned a home together and have for over 30 years which she still lives in. The home is paid for. I don't know if my father had a Will but, he most likely did since they owned property. She did not tell me anything about his monetary affairs and did not offer me even a small token of personal property or any thing else as a memorial for my father. I want to know if I have any portion of legal rights to the asset or assets of his home or personal property as his oldest surviving child before or after my step-mother's death. Am I entitled to anything?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

That questions comes down to whether your step mother had a will. She had the power to disinherit you if she pleased. So whatever the will provided for you is what you would receive (you will have to read the will). If she didn't have a will, unless she adopted yoi, New Jersey does not provide for step children and you wold receive nothing. Basically she would have had to provide for you in her will in order for you to receive anything. Unfortunately that is what it boils down to. Before her death, you would already know what you were entitled to by your father's will. If you did not receive anything from that will, then your only chance is to be named in your step mother's will.

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Customer: replied 1 year ago.
How would I know if I am/was in my Father"s Will? If I am in his Will are you saying that she could take me out?
Expert:  Christopher B, Esq replied 1 year ago.

If you were in your father's will in 2009, I would assume that it would have been probated and you would have been notified as a beneficiary. This was 7 years ago. The only way to know is to look into the probate and get access to the will or to request a copy of the will from relatives. Your step mother cannot change your father's will. Your father would have to agree to that but it would take his signature and permission solely.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further questions?