Legal Question in Elder Law in New Jersey

Will

My mother-in-law pasted away in February. She had a will that was prepared in 1972 which named her husband as the executor and the back-up executor was a bank. Since her and her husband were divorced, her husband is no longer eligible to be the executor. Although the bank is left as the executor, the bank has since changed names several times and the banking relationship that existed in the '70's no longer exists. The beneficiaries are all in agreement that they as to who they want to be beneficiary and it's not the bank. How can they change the beneficiary?


Asked on 5/12/09, 4:51 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Will

The kid who wants to be executor needs to file a Probate Petition asking for Letters of Admininstration CTA (with will annexed) and see what the clerks say down at the Surrogate's Court. It will be a tussle and lots of affidavits; unclear if they will prevail. Probably, but definitely no guarantee. In some ways it hardly matters though. The will says what it says and no matter who the executor is the will is going to be followed.

Good Luck

Rick Bryan

New York, NY

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Answered on 5/20/09, 7:36 am


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