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alternate executor

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Fsisto

Guest
I have a copy of my fathers last will and testament.
with the passing of my father I was named as alternate executor of his will, due to my mother death predeceasing his.

article four stats; " i authorize and empower my executor, without authorization of court, to sell ,convey, mortgage , lease , invest, reinvest, exchange , manage, control or otherwise deal with any and all property, real or personal ,comprising my estate, and no purchaser need look to the applicatio of the purchase money,to adjust, compromise and settle any claims or demand in favor of or against my estate opon such terms as is deemed advisable; and to make distribution under this will in kind or in money, or partly in kind and party in money.

my question is;
in the state of new jersey, what papers do i need to show that i an the executor authorizing me to cash checks made out to my fathers estate. where do i optain this autorization and can it be done without an attorney.
thank you......
 


ALawyer

Senior Member
The fact that you may be NOMINATED as the executor does not MAKE you the executor -- the Will first has to be filed for probate and the court has to confirm your appointment as executor. Then there are all sorts of things you'd have to do to administer the estate, including gather assets and sell property, etc. The executor does NOT cash checks payable to father, she deposits them in an estate account as records must be kept (particularly if there are other beneficiaries, or the estate was taxable). If there is any real property - such as a house - you can't convey title and thus can't sell or transfer it except in accord with strict laws.

Yes, you better get a lawyer unless the estate is tiny, there are no other beneficiaries, and no real estate, or your can then use the small estate procedure all states have.
 

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