Intentional Omission of beneficiary during probate WTF?

[UNREALITY]

Jurisdiction

New Jersey

My Uncle was a named beneficiary in his sisters will. Second paragraph of the will states he is to receive $50,000 so long as she still owned her home at xxx on the date of death. (She did).

When the niece filed the application for probate, she submitted the will, the death certificate and all the documents in order to get court approval. BUT--

I just got a copy of the application and I was stunned to discover that on the application she only lists herself and her sister as living beneficiaries and next of kin, while my Uncle was still living battling cancer.

The attorney who prepared the application is the same ATTORNEY WHO drafted THE WILL that clearly names my uncle as a beneficiary. I really really don't understand. Can we sue the attorney for malpractice and conflict of interest as well as the executrix?

How did the probate judge validate the will and not question the fact that there was another beneficiary mentioned in the will but NOT listed on the application. This is New Jersey but it's atrocious. UNREAL. There is more to the story but I just want to concentrate on this specific aspect as of this moment and would appreciate others insight.

 

[army judge]

My Uncle was a named beneficiary in his sisters will. Second paragraph of the will states he is to receive $50,000 so long as she still owned her home at xxx on the date of death. (She did).

When the niece filed the application for probate, she submitted the will, the death certificate and all the documents in order to get court approval. BUT--

I just got a copy of the application and I was stunned to discover that on the application she only lists herself and her sister as living beneficiaries and next of kin, while my Uncle was still living battling cancer.

The attorney who prepared the application is the same ATTORNEY WHO drafted THE WILL that clearly names my uncle as a beneficiary. I really really don't understand. Can we sue the attorney for malpractice and conflict of interest as well as the executrix?

How did the probate judge validate the will and not question the fact that there was another beneficiary mentioned in the will but NOT listed on the application. This is New Jersey but it's atrocious. UNREAL. There is more to the story but I just want to concentrate on this specific aspect as of this moment and would appreciate others insight.

The particular will you knew about could have been amended, discarded, or replaced.

You need to do more research to see if the original will was changed.

In addition, what did the testator mean by "own"?

If you weren't named in the will, I doubt that you'll ever learn the whole story.

 

[UNREALITY]

Thank you for your reply, the will that I am referencing is the will that was admitted into probate. I obtained it from the Court. The will is not the problem, the problem is that the executor never distributed the money to my Uncle and that she omitted him from the actual application for probate. The will states ... so long as I still own the property at the time of my death. she lived and owned the property up until her death. I have proof of that via deed.

 

[adjusterjack]

Then your uncle's (not yours) cause of action is against the executor for misfeasance or malfeasance.

Your uncle will need an attorney to act for him quickly if he expects to salvage anything from the situation.

 

[UNREALITY]

Then your uncle's (not yours) cause of action is against the executor for misfeasance or malfeasance.

Your uncle will need an attorney to act for him quickly if he expects to salvage anything from the situation.

I am sorry, I did not explain that my uncle is now deceased, I have been appointed limited administrator and have authority to sue the estate. Misfeanceane or malfeasance. Thank you I will research those meanings now.

 

[adjusterjack]

You haven't said when this all happened. I suggest you move quickly to a probate attorney instead of wasting your time trying to look up stuff as the statute of limitations may be quite short for something like this. The following article provides some examples of SOLs in probate cases:

Statute of Limitations on Contesting a Will in New Jersey

 

[army judge]

Thank you for your reply, the will that I am referencing is the will that was admitted into probate. I obtained it from the Court. The will is not the problem, the problem is that the executor never distributed the money to my Uncle and that she omitted him from the actual application for probate. The will states ... so long as I still own the property at the time of my death. she lived and owned the property up until her death. I have proof of that via deed.

She's dead, he's dead.
I don't think there's anything you can dost this point.
The scam has bled the victim dry.
The proceeds most likely have been disbursed and distributed among the co-conspirators.
I suggest you engage an attorney to assist you in salvaging any funds and assets that still remain.

You might also have a discussion with law enforcement to determine if any laws were broken.

 

[UNREALITY]

I am not worried about the statutue of limitations, I believe at the worst an appellate court would rule in my favor if the trial court rejected it because of the circumstances but I could be very wrong and that's ok too. I've interviewed 6 attorneys and paid two of them to get information. The problem isn't that I have a case, the problem is I don't have $10k retainer. I've come across case law that could override any statutue that you provided but it is a concern. Do you have any opinion on the fact that the executrix lied about the benefiiciary being alive. That is an extrodionary fact that an appellate court will look at sternly.

 

[UNREALITY]

She's dead, he's dead.
I don't think there's anything you can dost this point.
The scam has bled the victim dry.
The proceeds most likely have been disbursed and distributed among the co-conspirators.
I suggest you engage an attorney to assist you in salvaging any funds and assets that still remain.

You might also have a discussion with law enforcement to determine if any laws were broken.

I agree that most likely all the money is gone, and I also agree that justice is dead and non-existent for the poor, but I'm willing to open up a can of worms to make her shake in her boots. I truly appreciate your point of view though. This isn't about money. Principle is dead but I can only do so much. Winning and not being able to collect is still a victory in my opinion. Losing but causing her aggravation for her and the attorney is also a victory.

 

[adjusterjack]

You aren't going to make anybody shake unless you have an attorney. If you don't have the money for an attorney you might as well forget it and get on with your life. Anybody who says "it isn't the money" is a fool because it IS the money. Money is the only way you get legally compensated for somebody else's wrongdoing.

 

[UNREALITY]

ok nobody is going to shake, you got me there. I am not here to argue that. I automatically lose if I do nothing. There is a thing called principle. But I get it principle does not matter in law. I know that I am the type of person to go bankrupt over a dispute over a damn penny. I can't help it. It is who I am. If that makes me a fool so be it. Thank you for your replies though. I appreciate replies even if I disagree. I mean you did see my screen name= UNREALITY.