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Stalled probate & how long do they have to

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rowz

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enter their claims?



What is the name of your state? NJ

I am named Executor for an estate.

A very close relative of the deceased has filed a notice that they would be contesting the will. The lawyer for the estate has had telephone contact with the lawyer for the other side not long after the notice was filed with the probate court. Info from the other side was scant other than they wanted to contest the entire will & its provisions.

Some bills have accrued, [r.e. taxes, utilities, fuel oil, etc.] since the DOD and a pipe burst in the cold snap. I have continued to keep an eye on the property [as it is empty] 3 - 5 times per week since mid Dec.; rotating indoor lighting, watching the heat that type of thing. 20 minutes or so each visit. The burst pipe has been identified & the area shut off. I am out of pocket on the oil [350.00] as it would not be right to allow the tank to run dry & run the risk of loss & damage.

My question is: how long can the contestor take before they must prove their claim? Is there some point in time after which the lawyer for the estate can request the Probate Court to move this along? Its about 50 days now....and counting with no contact from the other side. Other than the 1 telephone conversation there has been no written communication/further contact from the contestor nor his attorney.

Oh, another question: In their divorce [about 20 years ago] the decedent was awarded the proceeds from a death benefit from the ex-husbands employer. That death benefit was received by this contestor when they administered the ex's estate about 2 years ago. My question is: could there have been a change of beneficiary on this death benefit after the divorce without going thru the court [chancery?] that granted the original decree?

Many thanks for your help & input.What is the name of your state?
 



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