New Jersey  |  Wills and Trusts

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10/28/09, 12:04 am

Legal Question


My father was killed a few months ago, in a pedestrian/vehicle accident. My brother and I are the executors of the will. My father's second wife (our mother is dead), has obtained an attorney and is preventing us from obtaining our father's personal possessions, left to us in the Will, by using what we believe is blackmail. Her attorney claims we cannot have his things unless we give Second Wife the sole rights to file a wrongful death suit. Our attorney has informed them that we will be filing the suit. My question is this: is it even legal to tie the rights to the suit with obtaining possessions. Isn't this blackmail and something for which the lawyer could be admonished? We are being treated horribly by this woman and we have reached our threshold for "understanding."


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