Legal Question in Wills and Trusts in New Jersey

My father was the executor of a will for a close friend of the family. Recently my dad passed away. Does this close friend have to redo her will in order to replace my dad on her will or can the will remain the same without an executor? Everybody resides in NJ.


Asked on 5/16/10, 5:59 am

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

If the Will named your father as executor, and did not name anyone else as an alternate, then it is imperitive that a new will be prepared naming a new executor.

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Answered on 5/21/10, 6:02 am
Walter LeVine Walter D. LeVine, Esq.

Every Will requires an Executor. If someone has not been named in the original Will as the successor to your father, a Codicil to the Will (an amendment to it) or a new Will, naming an Executor must be done. In the absence of anyone named, the Court will probably appoint someone, and it is always better to have someone you know, rather than a stranger, handle these matters.

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Answered on 5/21/10, 1:59 pm
Robert Davies The Davies Law Firm, P.A.

Your close family friend should redo the Will and name another person as executor.

I always try to have my clients name a second person to be executor if the first person has died or can not do it, and a third person just in case.

Call me if your friend wants an attorney to assist.

Robert Davies 201-820-3460

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Answered on 5/24/10, 8:14 am


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