Full question:
My sister left a will that was not filed with the clerk of courts and did not register it with the state now my other sister is hiding it to try and squander my late sisters Legacy how do I find out who her lawyer was and attain another copy of the will
- Category: Wills and Estates
- Date:
- State: New Jersey
Answer:
if the Will was not filed with the Court your only option may be to find the Attorney by asking around about who might have drawn it. You also have the right to file an action to compel the production of a Will if you believe the sister had it or knows how to find it.The relevant law provides as follows:
2014 New Jersey Revised Statutes
Title 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
Section 3B:3-29 - Order to compel production of purported will
3B:3-29. Order to compel production of purported will
The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate.
L.1981, c. 405, s. 3B:3-29, eff. May 1, 1982.
For who receives the property is there is no Will, see:
http://law.justia.com/codes/new-jersey/2009/title-3b/3b-5/3b-5-3/
and
http://law.justia.com/codes/new-jersey/2009/title-3b/3b-5/3b-5-4/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
