Legal Question in Wills and Trusts in New Jersey

will

I had my will done about 2 yrs ago but my lawyer, I just found out he has retired and moved to another state, I'm wondering where my will is now. Do lawyer have to file ALL will with the county, state and how do I check


Asked on 11/05/07, 5:54 pm

2 Answers from Attorneys

David Heron David C. Heron, Esq., LLC

Re: will

Generally the client retains the original will and the attorney will hold on to a copy of the will.

Wills are not filed with the surrogate in the county which the decedent lived until after the executor/trix (which would be you) is dead.

If you do not have an original will and you cannot locate the attorney I suggest you have a new will made.

If you have any more questions please contact me.

Regards

David

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.

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Answered on 11/05/07, 10:23 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: will

Wills are not 'filed' with the county [or any place else for that matter] until you die...then your original will is given to the Surrogate to be probated].

You need to verify who retained the ORIGINAL will. If you have it, then the fact that your attorney moved is not really a concern. If your attorney retained the original will, then you need to contact him and have him send it to you for safekeeping.

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Answered on 11/06/07, 9:28 am


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