Legal Question in Wills and Trusts in New Jersey
Will and Porbate
Hello,
My Dad passed many years ago and now my Mom has recently passed. My brother and I are co-executors of the will and he is refusing to include me in the process as a matter of fact I have uncovered some less than admirable transactions on his part and those of my younger sibling who some time ago volunteered to be my Mom;s care giver and now I know why. That being said as a co-executor, what are my responsibilities, how do I keep form being over run by my older brother and is it necessary to probate? Thank you for your help.
3 Answers from Attorneys
Re: Will and Porbate
There are many ways to answer your question. However, before being able to you need to bring in the will and a list of you mother's assets. Then we can decide what is the best course of action. Please call for an appointment. If you mention law guru, the first half hour is free. After that the rate would be $250 per hour.
Re: Will and Porbate
First, it is necessary to probate the Will, otherwise you [and your brother] will not be appointed as co-executors and will have no authority or power to do anything. Simply being named in the Will does not make you executor...you must qualify before the Surrogate.
If you and your brother are co-executors, you are each entitled to hire your own lawyer to represent you. That should prevent him from "running over you" or discounting your role in the estate administration process.
Re: Will and Porbate
You must probate the Will.
Your brother has no right to simply do as he pleases. You have equal power with him.
And you have the duty to make sure that all of the things that pass under the Will. This means that you have a duty to investigate the activities of your brother and others.
Call a lawyer! you need help to stand up to your brother.
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