Legal Question in Wills and Trusts in New Jersey

hi..i am currently a plaintiff involved in a probate litigation in new jersey..real fast..decedant passed in 2004..all of decedants children were notified except for his daughter who passed in 1993..there was a litigation that occured over the validity of his LW&T..the wife and children(from prior marriage) litigated and settled the estate with out notifying the pre deceased daughters children..long story short he had pre nup and made statements to his neighbors and the executor that he destroyed his will..they were unable to locate his copy of the will..we are now about to file an order to show cause..my question is the statements that the Executor and Neighbor swore to..can we use them against them in out trial..thanks


Asked on 9/23/10, 8:35 pm

3 Answers from Attorneys

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

Your question is very confusing and does not provide sufficient detail to provide an answer [and the question may be too complicated to lend itself to a simple answer in any case].

Do you have an attorney representing you in the litigation? If so, why not ask him/her? If not, you should hire an attorney as soon as possible.

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Answered on 9/29/10, 5:45 am
Amy Klauber Klauber & Klauber, LLP

I do need to know more information to adequately answer the question. Please contact my office if you would like to discuss this matter further.

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Answered on 9/29/10, 6:34 am
Robert Davies The Davies Law Firm, P.A.

I have read your question, and I understand that you want to use their statements against them. Usually, you can use whatever a person says against them in Court. There are some technical rules on this, so I can not be sure, but probably you can.

This is only a little part of the fight. I understand that the wife and children sued and settled without telling your side of the family what was going on. I do this kind of work. Call me if you want to discuss it. 201 820 3460.

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Answered on 9/29/10, 7:37 am


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