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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9170
Experience:  Since 1983
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My uncle died a few days ago. He has chosen me as the

Customer Question

My uncle died a few days ago. He has chosen me as the executor of his will. I have a copy of the will but not the original. The original will is in his apartment. The landlord of the apartment will not grant me access to his apartment to get the will or any of his belongings. I am unable to proceed with his funeral, have access to his life insurance, or let anyone know of his death because I can't get into his apartment. What can I do? The copy of the will I have was notarized on August 4th, 2015, and I am, basically, his only living relative.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
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Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

I need to ask where your uncle resided.

Did the landlord refuse to let you enter the apartment even after you presented the Will naming you as Executor?

Customer: replied 1 year ago.
He lived in Philadelphia. The will that I have is a copy of the original, and she is not accepting that. The original is in his apartment.
Expert:  N Cal Attorney replied 1 year ago.

It sounds like you will need a court order, which can be fairly easily obtained:

§ 3137. Enforcing production of will.

The register, at the request of any party in interest, shall

issue a citation directed to any person alleged to have

possession or control of a will of a decedent requiring him to

show cause why it should not be deposited with him. In the

absence of good cause shown, the register shall order the will

to be deposited with him.

from

http://www.legis.state.pa.us/WU01/LI/LI/CT/PDF/20/20.PDF

You can get a free consultation from some of the local probate attorneys listed here.

You should be able to file a probate petition asking for appointment as Executor even before you have the original Will.

Please follow up on this with a local attorney.

I hope this information is helpful.

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