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  1. #1
    Join Date
    Nov 2007

    Default Dying With No Will

    My Father Died With No Will. He And My Dead Mothers Names Were On The Deed For The House In Nj. He Was Remarried To A Woman With A Son(50 Yrs Old, Working As A Nurse). His Wife Sold Her House In L.i. When They Got Married And They Both Decided She Would Save Her Money(that Would Be Her Sons Inheritance) And My Father Would Support Her In His House. When He Died His House Would Be His Childrens Inheritance. This Was Known In The Family And When My Father Got Sick They My Step Mother, Step Brother And Brother Discussed This With A Lawyer. My Step Mother Has Dementia. Her Son Had Her Declared Incompetent Without Our Knowing. After My Father Died He Moved Her Out To California And Wont Let Us Talk To Her. He Is Spending Her Money(almost A Quarter Million When All This Started) "down" As He Says To Make Her Eligible For Medicare. And Now It Looks Like Since My Father Never Made A Will Or Changed The Deed From His And My Mothers Names My Step Brother Is Going To Take Everything. How Can I Stop This? How Can My Fathers And Step Mothers Actual Wishes Be Honored Within The Law? What Laws Apply-new Jersey Or California?

  2. #2
    Join Date
    Mar 2005

    Default Re: Dying With No Will

    You may not be able to stop it. You will need to hire a lawyer in whatever state has jurisdiction over the estate, which would appear to be New Jersey (which appears to be where the property was located and where your father died). You may well have a claim against the estate under New Jersey's intestate succession laws.

  3. #3
    Join Date
    Nov 2007

    Default Re: Dying With No Will

    The Estate Is In Jersey. He Actually Died In New York, Was Living At The Time He Went To The Hospital In New York In A Nursing Home In Pa, And Now She Lives In California. That Was One Of My Questions, Where?? I Was Thinking It Would Be Jersey. We Actually Have A Lawyer My Brother Hired When My Father Was Sick, Who Is Also The Lawyer For My Step Mother/her Son And Was Also The Lawyer They Went To In The Beginning Of My Fathers Illness And Discussed Their Wishes For Their Assets And Gifting Money To Us In My Fathers Family.
    Thank You

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