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Can you and how do you probate a will in New Jersey as executor without a lawyer?
Wiki User
∙ 16y ago
I will share my experience in taking my brother-in law's estate through probate in Colorado by myself. There may be some info here you could apply to New Jersey. I went to the Colorado Bar Association web site. I found a 4 page probate form index, listing all the different court required forms for probate. I printed the index, visited the court, and had a friendly probate clerk tell me, and mark which forms would be initially required. I printed the required forms off the web site. Even filled them out on line. I was off and running and successful. I will comment that as long as you have good attention to detail, and accurately enter the information asked for, the whole procedure should be "By the book". Colorado has what is termed a "Supervised Probate", meaning the court has to approve everything you need to do, and a "Unsupervised Probate", where I just filled out the forms and passed them through the clerk's window, who accepted them. I never had any kickbacks. I would think there is a New Jersey Bar Association that will help. Good luck. John
Wiki User
∙ 16y ago
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do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
When an executor of a will dies who replaces them to find lawyer for probate?
The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.
Is it possible to file probate without a lawyer in the state of Florida?
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
Can an executor of a will be pro se?
Yes. I was the Executor of the estate of my life partner of 29 years and functioned Pro Se. Did all accounting, prepared and filed all required Probate forms without an accountant or lawyer. In the State of Ohio, the Probate Court is restricted from providing legal advice to the Executor and will suggest you consult an attorney for any advice. BWH in Dayton, OH
Can the executor disperse money to those persons in the Will without a lawyer?
The executor has no authority to access any accounts until they have been appointed by the court.Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.
You are named co-executrix of a Will and the other person has seen a lawyer about the Will without notice to you. What rights do you have?
First, the executor has no legal authority until they have been appointed by the probate court. If you are named as executor in the Will, the attorney should make certain you have been given notice that the Will has been submitted to the probate court. Your name and the name of the co-executor named in the Will should be on the petition for probate. You should contact the attorney who has been consulted and ask her what, if anything, has been done with the Will and the probate process.
Your father died without a will in Ky and your step brother is executor of his estate and you think the amount he sent to you may not be fair?
If your step brother is named the executor of your father's estate, he can divide things up as he sees fit. If you really think he is being unfair, you can get a lawyer and take him to probate court.
Can you file a claim in the probate office in ga without a lawyer?
yes
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
Can executor use bank cards?
Best not to. You need to contact a probate lawyer and talk to the bank manager, who may issue you a separate card . Laws vary by State.
What can be done if the executor is stealing from the estate she is exeutor of and lying to lawyer about the assets.?
You should bring any proof you have to the attorney who is handling the estate immediately. If the lawyer does nothing then bring your proof to the probate court and make a complaint about the attorney AND the executor. If your claim can be proved they should both be removed from the case and should be sued.
Can a lawyer keep a will from someone?
Lawyers have specific instructions and regulations regarding who they share the contents of the will with. After someone dies, the contents are shared with the beneficiaries and interested parties only. The above answer is correct, so here are just a few details for which the answer was flagged: Before the testator dies a lawyer can keep a will from everyone except the testator if the testator wants it back. After the testator dies, a lawyer can keep a will from everyone except the named executor or other person who has the first obligation to probate the will. After the testator dies, a lawyer representing an executor can keep a will from everyone, even beneficiaries, if the executor directs the lawyer to not to give it out. The lawyer has to go by the client's directives, even though they may be misguided. The lawyer will tell the executor that it is the executor's obligation to give the will to beneficiaries; but it is the executor's obligation to give out the will. The lawyer does not act independently of the executor. Lastly, there is no "law" that specifies whether a lawyer can or cannot keep a will from someone. The above two answers are what I believe to be accurate interpretations of a lawyer's obligations on client confidentiality and scope of authority in representing a client.
