Legal Question in Wills and Trusts in New Jersey

Original Last Will & Testament
My sister had a will drawn up in New Jersey. She has since been declared incompetent to handle her own affairs and has been moved to a nursing home in Illinois. I have a durable POA and closest living relative. I have sold all her property in New Jersey and all she has left is a portfolio which I am managing for her. I have asked her lawyer in New Jersey to send me the original of the will, so that I will be ready for probate when she passes away. The lawyer refused, citing privacy issues. He claims my sister asked him to keep it safe for her. I do have a copy of her will, but not the original. I do have originals of her POA and Living Will.
What privacy issues is the NJ lawyer talking about? I have copies of all her documents, bank statements, investments, pensions, etc.
Do I have a legal right to get the original will? Does he have a legal right not to give it to me? He said that a colleague researched the subject for him and under NJ Law and legal ethical standards, he cannot send the original to me until my sister passes away and that my POA does not give me any testamentary rights.

Asked on 3/15/07, 4:36 pm

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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Re: Original Last Will & Testament

If your sister was declared incompetent, I assume a guardian was appointed by the court. That appointment would normally cancel the POA.

In addition, privacy issues aside, the guardian would normally be entitled to the original will (it does not belong to the lawyer who prepared it).

Answered on 3/15/07, 5:04 pm

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