Legal Question in Wills and Trusts in New Jersey

Changing the Executor of a Will

My ex-husband died in 1989. His will specified that the woman who lived with him at the time had life tenancy at the house if she paid expenses. However, if sold the majority would go to our 2 sons. They have not been able to locate the Executrix of the will (live-in's daughter) to notify her of their current addresses. If tenant will not provide Executrix's address when my sons ask (she refused to accept a certified letter from them), can my sons go to surrogate court to ask to be co-administrators of their father's will? That would ensure that the property would be properly given to them if she leaves it voluntarily or dies.


Asked on 7/27/00, 11:26 am

2 Answers from Attorneys
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: Changing the Executor of a Will

yes, under Pa law.. Pa. law would apply if the decedant died in Pa. I have no idea under NJ law

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Answered on 9/13/00, 9:18 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Changing the Executor of a Will

It appears that this woman has a fiduciary obligation to your sons which is not being fulfilled. You need to immediately seek the advice of an attorney. If you want me to assist you, feel free to call me at 856-546-8010; Mention LawGuru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 9/12/00, 6:44 pm


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