QUESTION
My deceased sister lived in New York City and I live in New Jersey. I am the executor of her estate as per her will which has yet to be probated.
Asked on Sep 20th, 2011 on Wills and Probate - New Jersey
More details to this question:
If I should die before probate is completed or after probate, would the court assign a friend of the court other then someone familiar to me as the new executor? If I complete a POA form and have my wife as POA, will she then, automatically, become the new executor of my sister''s estate if I should die before everything is taken care of? Or, what should I do to make sure my wife is the executrix of my sister''s estate if I should die in the interim.
1 ANSWER
2 Awards
This is a difficult question to answer because it involves aspects of New Jersey law and New York law. the laws of each state are different. In New Jersey, you can not transfer your appointment as Executor of an estate to someone else. If you are named in the will as the Executor, then you can serve, and if you die before probate, the next person named can serve as substitute or successor Executor. If there is no one else named, then one of the beneficiaries can apply to serve as the Executor, and would have to go to court to be appointed.
Answered on Nov 14th, 2011 at 9:14 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship