Legal Question in Wills and Trusts in New Jersey

My father past away and the lawyer that wrote his will has past on as well how do I go about finding his will if the law office is no longer in business. Is there a special office that archives wills that have gone through this situation.


Asked on 3/05/12, 7:02 am

4 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Are you sure that the original will was kept by the attorney? It's also possible that your father kept the original will. There is no "special office" that archives wills [only once someone dies and the will is probated, is the will archived by the Surrogate's Court].

As a general rule, attorneys never throw out original wills. So if the old lawyer had it, some new firm probably has it now. If you know the original was retained by the attorney, try calling the phone # for his old firm. That may lead you to the new firm that may still have the will.

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Answered on 3/05/12, 7:06 am
Robert Davies The Davies Law Firm, P.A.

No there is no special office. You need to find the Will, and I can help you with this.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

If you are out of the area, call me and let's talk. this kind of thing happens all the time.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 3/05/12, 7:16 am
Larry Raiken Larry S Raiken LLC

There is an office in Tenton that might help you locate the firm that has his files.

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Answered on 3/05/12, 8:25 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors. Another suggestion is to contact the County Bar Association in the County where the attorney had his office. Many times when an attorney dies and if someone takes over his affairs, the files may be transferred to that attorney. Finally, while it may be a little costly and more time consuming, if you cannot find the original Will, you can bring a proceeding in the Surrogate's Office called an Administration. This is a probate proceeding where a person died intestate (without a Will). The intestacy laws specify who can qualify to be appointed to handle the affairs of the decedent and how the probate estate is distributed. Contact me directly if you need assistance.

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Answered on 3/05/12, 10:51 am


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