Legal Question in Wills and Trusts in New Jersey
My father was killed a few months ago, in a pedestrian/vehicle accident. My brother and I are the executors of the will. My father's second wife (our mother is dead), has obtained an attorney and is preventing us from obtaining our father's personal possessions, left to us in the Will, by using what we believe is blackmail. Her attorney claims we cannot have his things unless we give Second Wife the sole rights to file a wrongful death suit. Our attorney has informed them that we will be filing the suit. My question is this: is it even legal to tie the rights to the suit with obtaining possessions. Isn't this blackmail and something for which the lawyer could be admonished? We are being treated horribly by this woman and we have reached our threshold for "understanding."
3 Answers from Attorneys
First off, you should be asking your attorney to not only answer this question but take appropriate action. If the attorney is unwilling or unable to take the matter to Court, seek the services of another attorney.
As executors, you are charged with carrying out the Will's instructions, and the Court will assist you in making sure that task is fulfilled.
Mike Berman
If you and your brother are co-executor's, you are in the drivers seat, not your step-mother. Her attorney has no right to try and make you sign anything.
Your lawyer needs to get involved ASAP or you need a new lawyer.
I am agreeing with what the other two lawyers said who answered your question. If you are the executors, then you are in control.
If she does not give you the stuff, then sue her. Now. She fully deserves it, and will lose.
Your lawyer does not have the knowledge? or guts? to fight for you? Get a new lawyer.
Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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