QUESTION

the woman who my grandfather lived with will not provide my mother who is the next of kin the information for his lawyer so we can settle his will.

Asked on Jan 30th, 2013 on Wills and Probate - New Jersey
More details to this question:
my grandfather died on jan. 4th. the woman he's lived with for the last 6 years will not provide my mother who is his next of kin with the name of the lawyer who drew up his will or any other information relevent to his will. she has everything of his including family herelooms and all of his paperwork and she has already drained his bank account after he died using his bank card and pin. my mother and i need to know how to go about getting ahold of a will if she will not give us the information for his lawyer. we also need to know how to go about getting his things out of her house.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
This happens often.  You or your mother can apply to the surrogate of the county in which your grandfather died to be the administrator of his estate even if you do not have a will.  You will be asking to have the estate listed as "intestate" (without a will) and you will ask to have your mother, appointed as the administrator.  The probate clerk in the surrogate's office can help you.  This will give you the authority to get information from your grandfather's bank and get the money back if she emptied the account.  If she has a will, she will have to produce it, otherwise your mother will be in control of the esate. She will also have the right to get his things out of this other woman's house.
Answered on Feb 04th, 2013 at 8:43 PM

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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