Legal Question in Wills and Trusts in New Jersey

Re: Lawyer who drew up the will is unknown

Your mother in law should at least have a copy around the house. The lawyer may be one of the witnesses. If you have an idea of when she did the will, look in her checking records for payment to a lawyer. If no will, her assets go equally to her surviving children and this can be probated by them as an "administration" You should have a lawyer help with this. Our office specializes in this and can be of help. Just make an appointment.

Re: Lawyer who drew up the will is unknown

I could not tell from your question if your mother-in-law is dead. If she is, it may be difficult to find the Will if it is not in her posession. However, I would think she would have a copy somewhere (e.g. her house or safe deposit box). If she is still alive, she really should tell someone where the Will is, or if she does not want anyone to know while she's alive, she could leave a note in a safe location telling the family where the ORIGINAL Will is. It may be with the lawyer who drafted it, it may be in your mother-in-law's posession or somewhere else (e.g. safe deposit box).

Re: Lawyer who drew up the will is unknown

Well, I assume that your mother-in-law gave the appropriate information concerning her Will, and the identity of her lawyer, to someone whom she trusts, which evidently is not you.

It doesn't sound like you have much to be worried about, anyway, since I doubt you were included in the Will, based on the obvious ill feelings between you and your mother-in-law.

She probably didn't give you the information because she feels that you are a greedy troublemaker and doesn't want you causing trouble for the rest of the family by making claims against her estate after she dies.

But then, what do I know? I'm just guessing here.

Re: Lawyer who drew up the will is unknown

I agree with Bernard and Jonathan that a copy should be around someplace, it might name the attorney and to check her checkbook to see if the lawyer's name could be found. You could also place a simple ad in a local newspaper or a legal paper like New Jersey Law Journal or New Jersey Lawyer asking if anyone knows the whereabouts of the original Will. These ads are placed frequently. You could also call or write to local laywers and ask about it. If all of these fail, administration is available. Be aware that in an administration you will be required to post a bond in the amount of the probate estate, which is required even if the estate will go to the children. The cost can run to several thousand dollars a year in premium costs (depending on the size of the estate), so the cost of legal advertising may be worth what would be saved if the bond had to be posted. If the estate can be completed in a year from the onset of administration, the bond need only be posted for a year. In this regard, I suggest, if administration is required, you use an attorney, like myself, who is familiar with all aspects of estate administration and can complete it with all due speed, to save continuing premiums.

Re: Lawyer who drew up the will is unknown

Re: Locating the lawyer who prepared the will

You do not have to locate the lawyer who prepared the will unless he/she has the original will.

If you have the original will then you can probate the will, although I always recommend to retain an attorney to settle the Estate. If you have a copy of the will, it is possible to probate the copy usually with a Court Order. If you cannot locate any will then you can still settle the Estate through what is referred to as administration. The next of kin can qualify to become the Administrator of the Estate (verses an �Executor� who is appointed by a will)

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship. Before making your

choice of attorney, you should give this matter careful thought. The selection of an attorney is an

important decision.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting

of assisting clients and their families with various legal matters such as Estate Planning, (consisting of preparation of wills, trusts and living wills) as well as many other areas of

the law to meet the needs of his clients.

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

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