QUESTION

How do I receive a copy of Dad's will?

Asked on Aug 06th, 2014 on Wills and Probate - New Jersey
More details to this question:
Dad passed away suddenly. My Dad told us (his children) he has a will. He has been remarried since we were kids. His wife has the will, but no one has seen it. Can she just rip up the will and do what she likes, or is there a record of it for the beneficiaries'?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
New Jersey does not have a legal requirement to turn over a will.  Many states have a law that penalizes someone for destroying a will, but NJ does not have such a law.  The will would have to be registered in the county in which your father lived.  If your father ever dealt with an attorney for any reason, you might try contacting that attorney's office to see if they have done a will for your father - if he bought a house, for example, he might have gone back to the attorney that did the closing.  Even if she rips up the will, then your father died instestate or without a will, and then you and your siblings may still be entitled to a portion of the estate.
Answered on Aug 07th, 2014 at 8:40 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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