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We recently helped a client whose mother was a resident alien and whose Last Will and Testament was probated in a foreign country.  In order to get the Last Will and Testament admitted to probate in New Jersey, we had to file an Order to Show Cause to admit the Will.  In deciding in our favor, the Court relied on   In re De Buck’s Estate, 24 Backes, 80, 4 A.2d 309 , N.J. Err. & App. 1939, the Court addressed a similar situation wherein the original Will was alleged to be unavailable by the proponent of the Will.  The Court found in that case that the circumstances surrounding the inability to produce the Will were suspicious.  The Court found it was not credible that the original will could not be produced in light of the fact that the decedent owned no real property in France.   The Court was of the opinion that a Will would be admitted to probate in France (as it would in New Jersey) if there were real property located there.   The court stated, however, that had proper proof been provided, the court would have admitted a duly authenticated photostatic copy if that had been the case.  It was really interesting that we had to go all the way back to 1939 to find a case on point.  The Court also relied on N.J.S.A. 3B:3-24.  If you ever have a case like this, our firm would be more than happy to help out.

Reading this post does not constitute nor create an attorney client relationship nor does it constitute legal advice.  If you would like to hire our firm, please contact our office and we will arrange a consultation.

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Win Win is based on the story by Tom McCarthy and Joe Tiboni. When a disheartened attorney moonlighting as a high school wrestling coach stumbles across a star athlete, things seem to be looking up. That is, until the boy's mother shows up fresh from rehab and flat broke, threatening to derail everything. Cast: Paul Giamatti, Amy Ryan, Bobby Cannavale, Jeffrey Tambor.
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Tiboni & Tiboni, LLP
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New Providence, NJ 07974
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