Legal Question in Elder Law in Missouri

Last will and Testemant

My sister had a will drawn up in New Jersey. She has now been moved to a nursing home in Illinois and may soon be moved to Minnesota, where I live. I have her POA. She will not be returning to New Jersey. I have sold all her property there and all she has left is a portfolio which I am taking care of for her. I have asked her lawyer in New Jersey to send me the original of the will, so that I will be ready for probate in case she passes away before I do. The lawyer refused, citing privacy issues. I have a copy of her will, but not the original. I also have her POA, and Living will.

What privacy issues is the NJ lawyer talking about? I have copies of all her documents, bank statements, investments, pensions etc. Is he just pulling my chain?

Do I have a legal right to get the original will?

Does he have a legal right not to give it to me?


Asked on 2/26/07, 4:20 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Last will and Testemant

I am not licensed to practice in NJ, but am aware of no "privacy issue" entitling the lawyer to retain the original will. Having the original will is not essential to opening a probate in Minnesota, but it would make things easier and less costly.

Assuming this is a durable power of attorney that is currently in effect, you should have the same right to the original will as your sister. Ask the NJ lawyer to provide a citation to the authority he is relying on to retain the original.

Please e-mail me if you have further questions.

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Answered on 2/26/07, 4:30 pm


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