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Father's will

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#1 ConcernedSibling


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Posted 29 November 2012 - 11:30 AM

My Dad passed away almost two years ago.
My youngest sister is the executrix. There are five children.
I and my one brother and one sister have been trying to contact her via phone and e-mail, she will not respond.
We have no idea what is going on. How do I find out if the will has even been probated? I don't know what to do! Any guidance will be greatly appreciated.

Out in the cold in New Jersey

#2 pg1067


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Posted 29 November 2012 - 11:50 AM

If the will hasn't been probated, then your sister cannot be the executrix because a person cannot become the executor/executrix except by order of the court. I therefore have to assume that you meant to say that your sister is nominated in your father's will to serve as exeutrix.

I'm not sure why you waited around for two years before looking into this. Probate, if necessary, generally should be commenced within a couple of months after the death of the decedent and, in the overwhelming majority of cases, should be completed within a year or two after date of death. What has become of your father's assets during the past two years?

In any event, if your sister won't contact you, the way to find out if the estate has been probated obviously is to contact or visit the clerk of the appropriate court in the county where your father lives. In New Jersey, those courts are called surrogate courts: http://www.njsurrogates.com/.

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