Legal Question in Wills and Trusts in New Jersey

Re: Executors fees

Assuming the 1970 will was not revoked by a more recent will, it is still valid.

If the decedent was a Florida resident, NJ law will have no bearing on the executor's fees or anything else for that matter. You will need to consult a Florida attorney on these issues.

The decedent's sister can always renounce her right to serve as executor...but she can't designate her succesor (unless the will specifies that she has this power).

Re: Executors fees

Fees are set by statute in the State in which the decedent's Will is probated. An attorney-Executor may even be able to claim two fees: one as attorney for the estate and one as co-Executor. I foresee more problems: If the Will was executed in the 1970's, it might not meet the current rules as a "self-proving Will", which would allow it to be probated without any witness to the Will being present at the time of probate. If I am correct, the Will may be denied probate, and the estate will fall into administration, which is the statutory form of estate matters, when a Will is denied probate. This may even change the terms of estate disposition from what the Will provides. A foreign attorney cannot qualify under Florida law in an administration, and family members are given first crack at the appointment. If not eligible, the Florida Surrogate's Court may ultimately appoint the person. If you'd like, I have several friends who are attorneys in Florida and if you could get me a copy of the Will, I can check on what will be required. My FAX number is 973-377-8167.

Re: Executors fees

If the will was valid in NJ in 1970 and the deceased was a resident of NJ at that time, then Florida will accept the will as valid. Because a person is named Personal Representative or Executor does not mean thay are required to serve in that capacity. Even where a will appoints an Executor, if the heirs decide they would like someone else to serve in that capacity, the probate court will often honor their request. A Personal Representative may charge a reasonable fee for their efforts. Three percent of an estate less than one million dollars is presumed reasonable under Florida Statute 733.617. It is not unusual for family members to serve without charge in small estates.