Legal Question in Wills and Trusts in New Jersey
A friend of mine has titled his bank account so that I may inherit it on her death (the assets are a few thousand dollars, I believe). He tells me that his other property is worthless. He lives in NJ; I live in CA. He has asked me, if he dies, to go to his home and destroy some of his manuscripts and erase them from his computer (none of it is illegal material - just novels and stories that he could not get published). I am not a family member; he has surviving siblings who live in NJ (he is not in touch with them, was never married, and has no children). He says he does not want his family notified if he dies. I have no desire to administer the estate or act as an executor. Can I do what he wants (go to his home and destroy these manuscripts) without taking on any other role? According to him, I would be inheriting his only valuable property if I inherited the bank account. Can I still do that, and not act as executor or administrator? I have no idea whether his family will want to be involved or not.
1 Answer from Attorneys
Upon the death of a person, no one but an Executor or Administrator has authority over the estate. Your friend should get a Will prepared that states his intentions concerning the manuscripts, etc. In the very least, he should prepare a list of instructions representing his intent.
In New Jersey, family members are entitled to notice of a decedent's Will. If there is no Will, family members are also entitled to notice if an Administrator needs to be appointed.
If he names you as a joint tenant or beneficiary of his bank accounts, you will receive those assets directly, as they pass outside of the estate. You do not need to be the Executor or Administrator to receive the inheritance.
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