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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 53850
Experience:  Licensed attorney helping individuals and businesses.
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This situation is related to a will/estate in the state of

Customer Question

this situation is related to a will/estate in the state of new jersey, mercer county.
I am a co-executor of my father's will along with my older sister, who was POA. she refused to probate the will. My father passed away a year ago. I have no relationship with my sister because she is a very manipulative and compulsive liar and has refused to share any information about my father's will, his assets, etc. I did receive a life insurance policy in the mail but i don't know what has happened to the assets.
my sister, after receiving a letter from me.
we met in an enclosed room in the local library.
my sister brought a binder with her and she allowed me to look at it but all the material was excerpted, typed on plain paper by her and there was nothing with any letterhead on it.
she said that aside from the life insurance there was "no money left".
well I have now decided to probate the will.
my question is this: i suspect my sister may have recorded audio and maybe even video.
certainly, if this was done it was done so without my knowledge or permission.
if this is the case, can any of that information be used in the probate process?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Infolawyer replied 4 months ago.

Hello

Expert:  Infolawyer replied 4 months ago.

The court will consider all evidence including recordings. I do not see however the value or relevance of any recording as it does not change the important issue which is following the terms of the will, and getting a full and complete accounting of assets including back up bank statements, brokerage accounts etc. That should be the focus. Also, if operating as co executors is a problem, a court can appoint an independent party to take care of all of the above or remove any executor who is acting improperly.

Customer: replied 4 months ago.
I am under the impression that when in other than a public setting, recording without permission is illegal
Expert:  Infolawyer replied 4 months ago.

Nj is a one party consent state, so as long as one the parties knows of the recording it is legal. That said, I do not see how such a recording would be relevant, admissible, or harmful.

Expert:  Infolawyer replied 4 months ago.

Let me know if I can clarify anything else.

Expert:  Infolawyer replied 4 months ago.

Kindly rate the answer good or excellent. Have a wonderful weekend.

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