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?
2 Answers from Attorneys
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.
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.
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