Legal Question in Wills and Trusts in New Jersey
no will left
My sister's ex-husband passed away and as far as she know's there is no will. She has two minor children from him and he also has 3 adult children by past wives. One of the adult children wants to be appointed as executor by the surrogate office and wants my sister to sign papers , as guardian of the minor children, relinquishing their rights to executor. My sister is not sure if he had a life insurance policy or if he had any assets. He was in the process of trying to collect disability and did get some money and paid his arrears - she does not know if there is any more to come. She believes that he was in debt. Should she sign these papers or maybe offer to be co-executor ? Is she entitled to get a copy of these papers before actually going to the surrogate office? She does not want to be pressured into signing anything and his daughter is continuously calling her trying to get her to come and sign these papers. What should she do?
1 Answer from Attorneys
Re: no will left
Your sister should take the papers to an attorney to have them reviewed and explained to her. If the adult child becomes executror (really administrator when there is no will) your sister as gurardian for the younger children is entitled to copies of everything. Any insurance would go directly to the beneficiar and not through the estate. Also, her children are entitled to social security benefits and should apply for them right away. Call for an appointment. Mention lawguru and the first half hour is free.
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