How to appoint an executor of my father's estate with out probate of will?

Asked almost 2 years ago - Vineland, NJ

.My father past several months ago. While in the hospital sick, one of my brothers got him to change his will leaving every thing to the one brother. Upon my father's death, I placed a caveat on the will. Before any action on the will the one brother died without a will. There are three surviving children, no wife/mother ,separated wife of the one brother and a son of the dead brother with another woman. My other surviving brother and sister want me to be the executor . Can I be appointed executor without probating the will and how is this done. The separated wife of my dead brother is not cooperating; the mother of my brother's son has not stated her intentions. My father left $20,000 in a checking account and the bank is going to turn the funds over to the state. There is also a house.

Attorney answers (4)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    5

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    Answered . You obviously have a very complicated factual situation. If the will that was changed at the last minute was invalidated (although it could be upheld in part, invalidated in part) it is possible that you would essentially have an intestate estate (no will) and you could step forward to administer the estate under the law...from the sounds of it the estate would be divided equally among the children (including the deceased brother's share to his children). In any event, some measure of a probate is required be it under the will after a hearing on the validity of the will, or as an administration (no will). By the way, the death of the one brother should not completely stop the caveat action you filed as to the validity of that will.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Brad Michael Micklin

    Pro

    Contributor Level 14

    3

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    Answered . I agree with my colleague. You have a very complicated, fact specific issue and you should speak with an attorney before proceeding.

    You should consider meeting with an attorney well-versed in these areas.

    Additionally, below are links to articles and information that may assist you with your issue.

    Good luck.
    Brad M. Micklin, Esq.
    The Micklin Law Group
    187 Washington Ave., Suite 2F
    Nutley, NJ 07110
    973-562-0100
    Brad@Micklinlawgroup.com
    www.micklinlawgroup.com

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited... more
  3. Lawrence A Friedman

    Contributor Level 18

    2

    Lawyers agree

    Answered . An executor is appointed to administer an estate per a probated will so it isn't possible to be executor if no willis probated. However, that's not your important issue. You need a local lawyer to counsel on how best to settle this estate.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  4. Fredrick P Niemann

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . You have a mess.Contact Mark Kutner in Vineland.Hes a sharp guy and can help you or give you pros and cons of getting involved....which by the way of your description reads more like the cons.

    Advice provided is general in nature and should not be relied upon without retaining qualified and experienced... more

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