Legal Question in Wills and Trusts in New Jersey
Brother murdered-lived w/girlfriend won't give us his property
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?
2 Answers from Attorneys
Re: Brother murdered-lived w/girlfriend won't give us his property
As the executor, your mother has the right, and probably the obligaion, to retain your brother's personal property, and determine if his estate has any assets [which would go to his intestate heirs, not the girlfriend].
It sounds to me like you need to get the police involved. Show the police the administrators certificate and a copy of your brother's lease (if you have it) and ask them to assist you in going to the apartment.
Re: Brother murdered-lived w/girlfriend won't give us his property
I am so sorry to hear of your loss. Let me see if I can assist you.
His belongings are now the property of the administrator of his Estate, which you say is your mother. She should be able to walk right into his apartment and get his things. If the girlfriend does not cooperate, then you may need to get the Court to order her to cooperate.
Please let me know if I can assist you. Again, you and your mother have my condolences on your loss.
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