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.
1 Answer from Attorneys
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.
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