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steffb503

Member
What is the name of your state (only U.S. law)? NJ
So sister was named executor, but I think the will was deemed invalid as a result of no notoray page. So she tried to be named administrator, none of the siblings signed the consent form.
She was named as joint tenant with right of survivorship on a piece of property.
Can she simply file the L-9 and go to the county clerk and have the house put in her named with out accurately filling out the L-9.
If she has no authority as executor none of us want to give out info as to how much money we were left also in JTWROS from dad.
Also there are some stocks he owned to be retrieved and probated.
 


anteater

Senior Member
Can she simply file the L-9 and go to the county clerk and have the house put in her named with out accurately filling out the L-9.
I doubt that anybody here can give you an answer regarding New Jersey estate/inheritance tax processes.

So sister was named executor, but I think the will was deemed invalid as a result of no notoray page.
Notarization is not required. Notarization of the testator and witness signatures does make the will what is called "self-proving." If not self-proving, the witnesses may have to testify to the court or provide affidavits that the witnesses did witness the testator's signing (or that the testator acknowledged in the witness' presence that it is his/her last will and testament).

So she tried to be named administrator, none of the siblings signed the consent form.
Why not? Is this payback time for all the childhood slights and hurts?
 
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steffb503

Member
No one trusts her, she is trying to claim transfers of property made 13 and 5 years ago invalid. There is a clause in the 706 that says if the decedent took income from the property it could be as if the transfer never existed. I think she wants the two properties sold and the money split. She wants to put the value of those properties in the estate causing us to pay way more taxes than required.
Since prior to his passing she has gone to his lawyer and accountant asking about what was in his will.
As for the will the witnesses have both passed.

Our lawyer said the transfers of our properties would be very hard to disqualify but that does not mean she can't try causing us to pay a fortune in lawyer fees.

Being that three of us were named JTWROS two on bank accounts and one on a piece of property , can any of us file the L-9 as joint tenants as it says?

Can I file a complaint for her lack of doing this in a timely manner. Can she be deemed incompetent?
 

anteater

Senior Member
As for the will the witnesses have both passed.
While a pain, that is not an insurmountable obstacle if the signatures of the testator and the witnesses can be proved in some manner.

Can I file a complaint for her lack of doing this in a timely manner. Can she be deemed incompetent?
Complain about what and to whom? Since she isn't executor/administrator, what legal obligation would she have to do anything?
 

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