Legal Question in Wills and Trusts in New Jersey

can i send a letter to a family member asking him not to remove contents of deceased mother's home. there is no will.


Asked on 10/27/10, 11:33 am

4 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Who's mother? Who is the administrator? Was there any probate? Who owns the house? Too many questions for an easy answer. You need to contact an attorney and lay out the whole picture so you can get proper answers. If you call me and mention lawguru, the first half hour consultation is free.

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Answered on 11/01/10, 11:51 am
Miriam Jacobson Retired from practice of law

If you are a close family member and heir, send the letter with a return receipt requested. Keep a copy of the letter. Then consult a lawyer.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 11/01/10, 12:02 pm
Robert Davies The Davies Law Firm, P.A.

You need to tell them in writing not to take things. There is no time to waste: if you do nothing, they will do whatever they want to. If you want help with this, call me. It sounds like you are going to have to push them back to get them to stop. I can help you with all of this.

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

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.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 11/01/10, 4:35 pm
Walter LeVine Walter D. LeVine, Esq.

You have provided insufficient information for a complete answer. Are you a natural heir and in line to inherit by intestacy (dying without a Will)? Who is the person who may be takinbg things and what is the relationship of that person to the decedent? What is being taken and under what authority? When a person dies without a Will, the nearest relative in relationship has the right to apply for administration andtake responsibility for the decedent's estate, paying bills and distributing remaining assets to those heirs entitled to receive them. You can warn not to take, but you may not have the authority to prohibit someone taking things.

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Answered on 11/01/10, 7:51 pm


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