Legal Question in Wills and Trusts in New Jersey
My father passed 5 years and his fiance was named executrix, and if she was unwilling or unable to handle, I was to be executrix. Her, my brother and I are named beneficiaries. The fiance has moved, changed her phone number (we can't find her), the estate was never 'finished' being handled, and the lawyer she was using to help her handle the estate died almost three years ago. My brother and I were contacted by a law firm that has an escrow account from my father's estate that, they say, will escheat to the state of NJ if we do not lay claim to it by July. My brother and I both live out of state. Do we have to petition to remove the fiance as executrix? How do we have to proceed with this, especially given the fact that we cannot find the fiance and she abandoned handling the estate 3 years ago?
2 Answers from Attorneys
This situation sounds complicated and you should consult with an estates lawyer of your own in the county where your father resided and where his estate should have been administered.
You should have been getting notices from the executrix as the administration proceeded, and if you did not get any communication from her, it would have been better to take action at that time. It will be harder to find her and to recover assets, if there were any, at this time.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
You should contact an attorney in the county where the will was probated. Do you not be concerned about finding the executrix. Please contact this office and we will be happy to represent you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
