Vernon, NJ asked in Probate for New Jersey

Q: Should my grandmas will go they probate? The day before my grandma passed Uncle got friend to notarize POA?

There was NO WAY my grandma was coherent to grant that. Then the day she died, I believe he went to the bank and cashed her 2cds from 1950 and emptied her checking and savings account out. The following day after he did that he told me I could have whatever I wanted out of the house. When I got there he preceded to tell me here’s the will, which basically said if gram dies the money is to be split between her two kids and if one of the kids predeaces (which my mother did in 2005) then the other child (my uncle)gets all the money. The problem is the will the Will was dated from 1981 the month before I was born. I’m concerned she may have added something additional or may had even updated it the will!! How will I ever know??? My uncle said after he does some things and pays taxes etc he’ll send me a little something! What are my rights as her grandson? This is in state of NJ thank you.

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1 Lawyer Answer
Marcel Wurms
Marcel Wurms
  • Probate Lawyer
  • Lodi, NJ
  • Licensed in New Jersey

A: If you're grandmother was incompetent when she signed the POA, then it wouldn't be valid. Proving that could be tough and expensive. However, the cost of the litigation, if you have a valid basis for bringing it, might be payable by your grandmother's estate.

Did your uncle probate the will?

You need to see a probate attorney ASAP.

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