Legal Question in Wills and Trusts in New Jersey

Brother murdered-girlfriend blocking family from obtaining a few personal items

Back in October my brother was murdered. He lived with his girlfriend. My family has been trying to obtain his belongings. My mother is the administrator of the estate(no will) and the order does state she is the owner of his longings. We have never been able to get in his residence to pick up anything.. We are trying to get some personal momentos and few things a list of about 8 items. He lived with her for about 1 year. What are our options?


Asked on 2/15/08, 1:14 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Brother murdered-girlfriend blocking family from obtaining a few personal items

If the Administrator is being refused access to get what you want, she may have to bring an Order to Show Cause application in the Superior Court of NJ to get a Court Order granting the return of the effects, which can be enforced by the Court and/or Sheriff's Department officers.

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Answered on 2/15/08, 1:29 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Brother murdered-girlfriend blocking family from obtaining a few personal items

The first question is who's name is the residence in? If it is your brother's your mother can gain access through the landlord. If not, then she will have to apply to the Surrogates's court for an Order to release his property to her. If you want legal help to do this, please call me.

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Answered on 2/15/08, 4:23 pm


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