- 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.
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.