New Jersey  |  Wills and Trusts

Legal Question

Asked on: 6/27/13, 5:56 pm

My mother is deceased. She had two brothers, one just died. The one that died named both my mother and my other uncle as both co-executors of his estate and both as heirs. My surviving uncle's attorney says that he is now the sole executor, however that both my uncle and I are each 50% beneficiaries of the estate. I need to confirm what the attorney is saying.

Is it true that only my living uncle is the executor? If I was not named in my deceased uncle's will and I do not assume executor responsibilities, why then under NJ law do I assume my deceased mother's share of the inheritance? (FYI - I was the sole heir of my mother's estate years ago)

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