Legal Question in Wills and Trusts in New Jersey
Lack of evidence
A friend of mine lives with her mother who was divorced from her father. The father has recently passed and his will indicated that a large sum of money be left to his siblings (i.e. her uncles). However, she has knowledge that her mother intentionally burned (that is, THREW INTO A FIRE) the only evidence of the father's will. She refuses to testify this against her mother, but is there any other way to prevent the mother from winning these earnings that aren't rightfully hers?
1 Answer from Attorneys
Re: Lack of evidence
This is a very strange story. Obviously, you can't get your friend to bring a lawsuit if she does not want to.
However, your facts seem off to me. If your friends father's will was destroyed [burned by the ex-wife] as you say; and he was legally divorced from his wife when he died...then the ex-wife would get nothing if your friend's father died without a will. In that case, his children would inherit his assets under the NJ intestacy statute [not his ex-wife or his siblings].
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