Legal Question in Wills and Trusts in New Jersey

Folks, I need an answer ASAP ( they are selling everything tomorrow!)! In short I am 44yo. My uncle and I have been extremely close my entire life. For as long as I can remember, he has always said that he wanted me to have his guitars whenever he died. Well, he sadly passed 3wks ago. I am devastated. My mother, aunt and the 2 care takers of my uncle knew of this verbal contract between us for many, many years. Upon his death his "family" swooped in and took EVERYTHING including my guitars. Do I have any leverage here? I am so exhausted and sad. Thank you.


Asked on 6/22/13, 12:33 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

I am very sorry for the loss of your uncle.

There is no such thing as a verbal contract when it comes to leaving things to someone upon death. The only way to give things to another is during lifetime, or by having a Will.

If your uncle had a will, your relative should file it with the Surrogate's Office. You would be able to see it, and if it leaves the guitars to you, you should seek to get them back.

You will need a lawyer to assist you in finding out whether a will exists and if it was filed or not, and what to do in either case. Who has rights to your uncle's estate depends on the degrees of relationship if there was no will.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/22/13, 8:28 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Miriam. Call the Surrogate in the County where your uncle resided at his death, to see if a Will has been probated. You can get a copy for a small fee. If the Will says nothing about the guitars, you cannot get them unless someone is willing to give them to you or you purchase them from the estate.

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Answered on 6/30/13, 9:05 am


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