Legal Question in Wills and Trusts in New Jersey

Retrieving Property Left to Us in Will

My Aunt died November 2007 in NJ. My Aunt's domestic partner is resistant to giving my mother (Aunt's sister) some personal property that was left to her in the will; it remains in the DP's house, which he shared with my aunt. What is our legal recourse for obtaining this personal property? (rings, coins, silverware, etc).


Asked on 9/08/08, 11:05 am

3 Answers from Attorneys

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

Re: Retrieving Property Left to Us in Will

Unless you have an inventory and it is clear what property was your aunts [and not her domestic partners] I'm affraid it may be difficult to retrieve the property.

If this individual is unwilling to co-operate, your recourse is to file a complaint in court. Depending on the value of the property, it may be a bad economic decision.

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Answered on 9/08/08, 11:10 am
Robert Davies The Davies Law Firm, P.A.

Re: Retrieving Property Left to Us in Will

I have read what the other lawyer wrote, and he is correct.

However, you may be able to get some results without going to court.

If your Aunt lived in northern NJ, I may be able to help. Please call me if you would like an attorney to assist you. I am in Hackensack, right across from the Bergen County Courthouse.

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. This website, LawGuru, will NOT let me list my phone number in this response.

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 9/08/08, 11:13 am
Walter LeVine Walter D. LeVine, Esq.

Re: Retrieving Property Left to Us in Will

I have read the replies from the other responders and agree and, possibly disagree, depending upon additional facts not included in your question. You do not indicate if the language of the Will specifcally identifies the property in form sufficient to accurately describe each item, or merely uses generic language. If only generic language is used, they are correct, and the cost of litigating might make your claim not worthwhile to pursue. If there are specifics mentioned, this might be worthwhile. One suggestion: Do you know if any of the property was insured. If so, and you can get a copy of the insurance policy or Rider that contains the descriptions, that may make litigation easier.

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Answered on 9/08/08, 2:02 pm


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