Legal Question in Wills and Trusts in New Jersey

lost will

my aunt passed away one year ago leaving my mom (her sis) a hand written will with lawyers name and address where she filed it. mom passed away 6 months later and dad refused to submit hand written will in for probabte. aunts estate was just probabted and released since mom dies dad received her share. part of which was going to me and siblings as dictated in original hand written will. refuses to even let me have it and will not tell me attorneys name on this will. will anyone have a record of this will how can i find the lawyer in cateret nj and since estate was divided to heirs already is it too late for me to even start looking for this lawyer. i have original closing papers on aunts home thought i would contact that lawyer first. is it a waste of time and does dad have the legal right to withhold this hand written will?aunts estate was treated as she dies without a will.


Asked on 2/21/05, 12:03 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: lost will

If she in fact drafted a will with the help of an attorney and you have name and city he shounldn't be that hard to find. Most likely he has a listed phone number or you can contact the New Jersey State Bar to locate him.

I would need more information to be sure, it is possible that your Aunt's writing was not treated as a will because it's possible it wasn't a valid will. A handwritten document of testamentary wishes is not enough. If your Aunt's will was not properly witnessed it would, with limited exceptions, be invalid. Even if she had told her sister or others of the will, there could be no way to probate the will if there were no witnesses to testify as to your Aunt's state of mind at the time she meant to execute it.

If there was an administrative proceeding you can find out what occurred by going to the civil court in the County where your aunt died. You can access the file there.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/21/05, 12:43 pm


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