Full question:
My father in law passed away August 2006. He is survived by 4 children, one of whom is my wife. The youngest sibling is the executor of the estate and currently dwells in the father's house. He is being very secretive of particulars such as how much money is in place and what plans, if any he has for dispensing of the property. He seems to indicate that he has no plans of moving out and /or arranging compensation for his siblings. My question is what can be done to get this resolved. He has not even given anyone a copy of the will. He is merely the executor, not the sole heir. Thanks much for your help.
- Category: Wills and Estates
- Date:
- State: New Jersey
Answer:
We assume that the will has been filed for probate. Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
The executor is required, within sixty (60) days of probating the Will or being appointed administrator to notify the next of kin, heirs at law and all beneficiaries in writing that the Will has been probated, date and place of probate, name and address of the personal representative.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
