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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2625
Experience:  Helping you with your legal questions.
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My grandfather passed away in 2011 then my dad passed in

Customer Question

my grandfather passed away in 2011 then my dad passed in 2013. My mother never filed my dads estate with probate. Now she is asking us kids to sign a legal document to give up our rights to my dads estate. Can I force it into probate after 3 years? Will I have a case in court?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: new jersey
JA: What documents or supporting evidence do you have?
Customer: I have my dads death cert and a copy of the document my mom wants me to sign saying I give up my rights to the estate
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thats all I have right now. I had no idea that I even had an interest in the estate
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello. My name is***** am an attorney. I am here to help you with your question. We may discuss the issues too. Let me know that sounds good.

Customer: replied 1 year ago.
it sounds good
Customer: replied 1 year ago.
Can you answer my question?
Expert:  Damien Bosco replied 1 year ago.

Yes. Certainly. Let me review it...brb...

Expert:  Damien Bosco replied 1 year ago.

A heir to an estate does not have to sign any documents waiving a right to the estate. You do not mention whether there is a will. Was there one? If so, where you named?

Customer: replied 1 year ago.
There is no will. She did not file for probate.
Customer: replied 1 year ago.
The document she sent me implies I have in interest in the balance of my grandfathers estate and residually my fathers estate. I want to know if I can force the estate ito probate because the estate is sizable.
Expert:  Damien Bosco replied 1 year ago.

It would pass under the intestacy laws of New Jersey. Did your Mother have other children with any another man? I am asking because possibly it matters.

Customer: replied 1 year ago.
I am sorry I closed the browser by accident. I hope you are still here
Customer: replied 1 year ago.
not that I know of. We are the only children for the marriage. myself and 3 siblings
Customer: replied 1 year ago.
My dad died in 2013 though
Expert:  Damien Bosco replied 1 year ago.

Through the intestacy laws, your Mother would receive everything anyway since all the kids are from the dad and mom together. In other words, you mom gets your dad's estate. With regard to your grandfather's estate, unless there was a will, then if his wife died, his kids would get it, not the grandkids. We can discuss more if you want to do so.

Customer: replied 1 year ago.
My grandfather did have a will. The form she sent came from his estate lawyer. It says we kids have an interest in the estate