Legal Question in Wills and Trusts in New Jersey

Refusal to give original will to Executor

The only copy of my uncle's will is in the hands of his friend. It is the original, signed and witnessed version. My mother is named as the Executor. The ''friend'' refuses to turn over the original or even to provide a her with a copy. What should we do?


Asked on 11/21/07, 3:43 am

2 Answers from Attorneys

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

Re: Refusal to give original will to Executor

First, try and find out why this "friend" refuses to turn over the original will [there must be a reason].

If the person still refuses, you will probably have to go to court and obtain a court order forcing him/her to turn over the will to the executor.

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Answered on 11/21/07, 8:53 am
Robert Davies The Davies Law Firm, P.A.

Re: Refusal to give original will to Executor

I have read what the other attorney said, and it makes sense. You always try to do it the easy, friendly way first; really try hard to avoid fighting.

If you need to force the person to turn it over, you will need a lawyer to assist. Depending on where in New Jersey this 'friend' is, I may be able to assist. If it is too far, I will help you find a lawyer who is able to assist you.

Also, you should have an attorney help the executor, your mother, to handle your uncle's Estate.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: 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 response that you have received is based only on the small amount of information which you have provided. 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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Answered on 11/21/07, 12:08 pm


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