Legal Question in Wills and Trusts in New Jersey

Aunt listed lawyer as a co -executor

Our Aunt died and has my husband and the lawyer who wrote up the will as co-exectors. What is his obligation?the lawyer is in new york but she lived in New jersey.do we need to see him or can we get our own probate lawyer and leave him out?


Asked on 9/27/08, 10:42 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Aunt listed lawyer as a co -executor

Unless the lawyer resigns as co-executor, you are stuck with her as co-executor. However, you can use any lawyer you wish as the estate's lawyer. Depending upon the size of your aunt's estate and how the assets are registered (individually or jointly) or if any have designated beneficiaries, most of the work can be done by your husband, with nominal oversight by an attorney. In retaining an estate attorney, use someone, like me, who is experienced in estate matters and will only charge hourly, not a percentage of the estate, who will guide and oversee that all requirements are met and all necessary documents are filed, which may greatly reduce administration costs. Contact me directly if you have questions, or need assistance.

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Answered on 9/27/08, 1:03 pm


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