unsure on legality of last will

[adam1986]

Jurisdiction

New Jersey

Hi, I'm probably asking the wrong people here but im in need of any information I can get as we are totally in the dark.
Last week my partners father past away. her mother past away 9 months ago in new jersey and her father lived and owned a business in new jersey. we assume most of his assets are also in America. after her mother passed away 9 months ago she fell out with her father and they have not spoke. last week she found out he had a heart attack in Poland and died (he was polish), two days after that she found out he was engaged to woman 4 years older than her and had made a new last will in Poland. this will left everything to his new girlfriend and her in control of all his assets and cut out his only daughter completely. online it stated that if a polish national died his last will would be under polish law but if he was a dual national it would come under the law of the country he was closest to. we cant get any information about the will as she has been told she cannot be involved and must wait to hear from someone in Poland. she has been told she cannot attend the funeral as she will be arrested because the girlfriend has forbidden her from any involvement. and the girlfriend has said that if she doesn't do as she is told she will burn all the memories from her dead mother and brother from the American home. any advice about if this will would be legal in new jersey or if she had any sort of right to appeal it in new jersey would be more than helpful. we live in the UK and my partner is planning on going to Poland at the end of the month to see if she can learn anything. we don't have the money to hire a lawyer in Poland at the moment never mind in the US aswell. any sort of information would be welcome. my opinion is bias but this 35yr old woman has taken advantage of a 67yr old man who lost his wife and now she will get everything her family owned. it doesn't seam fair that this kind of thing can happen. if this comes under new jersey law is there anything she would be able to do to contest this? if it is infact under the law of new jersey then is she going to worse off as I believe Poland is civil law and even if she is disinherited in the will then polish law states she will get a small amount, in new jersey if his girlfriend of at most 9 months is named as sole heir will she not be intitled to anything?

 

[army judge]

Your friend needs what you say she can't afford, a US lawyer, or a UK solicitor.

 

[adjusterjack]

The property and assets located in New Jersey have to be probated in New Jersey.

If the will conforms to New Jersey's requirements then the will is subject to New Jersey law.

If the will is valid in New Jersey then the girlfriend gets everything.

is there anything she would be able to do to contest this?

Sure. She can hire a lawyer in New Jersey to look into the matter and see if there are any grounds to contest it. Just saying she doesn't like it doesn't cut it.

But, oh, she has no money. Oh, well. Nobody is ever guaranteed an inheritance. She might as well accept getting on with her life without one.

 

[adam1986]

thank you for your response, I fully accept that no one is entitled to an inheritance and I was asking if it would be worth hiring an American lawyer in new jersey when we have the funds, my partner has been left with no information and banned from obtaining any by a stranger who she never met, this stranger will now inherit all her family possessions including all possessions of her deceased mother and deceased brother. I realise that not liking the idea will not cut it but is there no grounds to contest this on her only knowing him for 6 months after his wife died. I do not know what his assets are but the family home in America was bought for 8 million dollars 15 years ago. im sure if you had just been cheated out of your inheritance and banned from going to your fathers funeral by a stranger you would seek help and advice anywhere you could.

 

[txls]

If he left a valid, legal will then she would be wasting her time trying to contest it. A person can leave everything they own to charity, or their dog or a perfect stranger. It's quite possible that he cut his daughter out of his will after their falling out. Maybe the girlfriend did "take advantage of" the older gentleman, but apparently he was willing.

 

[army judge]

thank you for your response, I fully accept that no one is entitled to an inheritance and I was asking if it would be worth hiring an American lawyer in new jersey when we have the funds, my partner has been left with no information and banned from obtaining any by a stranger who she never met, this stranger will now inherit all her family possessions including all possessions of her deceased mother and deceased brother. I realise that not liking the idea will not cut it but is there no grounds to contest this on her only knowing him for 6 months after his wife died. I do not know what his assets are but the family home in America was bought for 8 million dollars 15 years ago. im sure if you had just been cheated out of your inheritance and banned from going to your fathers funeral by a stranger you would seek help and advice anywhere you could.

Your friend has the ability to purchase help by hiring a lawyer.

This is a potential civilian matter.

For all your friend knows, there might not even be a will.

Your friend might be the next of kin because of her father died intestate.

None of that will be known without a trip to New Jersey to investigate the matter.

The alleged will in Poland, might just be a bluff.

If there is a will, it might not conform to NJ laws to be a legal will.

Even if the Polish will is legal, it must be probated in NJ, as Poland has no legal authority to convey title property in the USA.

Again, your friend needs to contact a NJ attorney to instruct him/her to determine the legitimacy of any claims.

Your friend must take actions to pursue and protect her legacy.

If she does nothing, the woman in Poland might inherit her father's manor and his estate.

 

[adam1986]

Again thank you for your response. I am grateful for the advice and information, I literally know nothing about the law and even less about foreign law. I have scrolled through pages and pages on the internet trying to get as much information as I can and there is not a lot, it is a complicated matter as polish law says even if the will is for one person the family is entitled to a share but because he is an American citizen with American assets it becomes American law I think, I know the father and his daughter are citizens and the girlfriend was engaged so she could get a green card but that never happened. shows what can happen in such a short period of time I guess, they were fine until her mother died and they fell out, 6 months later and She not only loses her father but all her family things including the possessions of her dead brother and mother.

Again thank you for taking the time

 

[army judge]

Again thank you for taking the time

You are most welcome.

One very important point that is in your frond's favor.

The property and other assets (at least the property) in in New jersey, USA.

No Polish court can grant title to any real property anywhere in the United States, or any other sovereign nation, for that matter.

Your friend should IMMEDIATELY travel tot he USA.

She should hire an attorney to assist her in opening up probate on an estate worth north of $18,000,000.

Once an attorney has verified her claims, trust me, he or she will take the case on contingency which will be spelled out in the retainer.

Translation = contingency meaning the lawyer will represent her for 35-40% of the value of the estate, and perhaps a small retainer, maybe no retainer at all.

She should do this QUIETLY without blabbing it to anyone but you.

The two of you must agree to proceed silently, stealthily, and quickly.

Each day's delay could end up with her losing everything.

Remember, nothing ventured, nothing gained.

I am not saying she will be successful, but she must aggressively pursue the matter in order to avoid having a thief end up with the things you say she most treasures, family heirlooms, along with an estate in excess of $18,000,000 US Dollars.

 

[adam1986]

Thank you again, if the worst case is true and she goes to Poland and gets a lawyer who says everything is legal and binding ect, im guessing it will take a while for this girlfriend to take control over the assets in America as she goes through the motions. Is the house still her fathers untill it is legally transferred. And because it's her family home could she go and collect some things from the house before it is switched over to the girlfriend, not take anything of value but memories pictures ect ?

 

[adam1986]

im sorry for asking so many questions and I am extremely grateful for you sharing your time and knowledge as I literally know nothing. Her mother died in November last year in New Jersey she had a will of her own would we be able to get a copy of this from somewere? She never saw the will or knew what was in it. Her father dealt with it.

 

[army judge]

Thank you again, if the worst case is true and she goes to Poland and gets a lawyer who says everything is legal and binding ect, im guessing it will take a while for this girlfriend to take control over the assets in America as she goes through the motions. Is the house still her fathers untill it is legally transferred. And because it's her family home could she go and collect some things from the house before it is switched over to the girlfriend, not take anything of value but memories pictures ect ?

There may be a document in Poland masquerading as a will.

It has no legal force unless it is presented in NJ, and even then it'll most likely be disallowed.

If I were your friend, I'd forget Poland.

Her prize, if there is to be one lies in the US state of NJ.

 

[army judge]

im sorry for asking so many questions and I am extremely grateful for you sharing your time and knowledge as I literally know nothing. Her mother died in November last year in New Jersey she had a will of her own would we be able to get a copy of this from somewere? She never saw the will or knew what was in it. Her father dealt with it.

Her mother's will is of no consequence.

As I keep hinting, the prize awaits someone in the US state of NJ.

A phone call, an Internet search of probate lawyers in NJ must be initiated.

A NJ lawyer must be retained.

Forget that nonsense about some FAKE will in Poland, and don't communicate with anyone but lawyers.