What is the name of your state?
New Jersey
Do heirs have any exersizing rights of removal of executrix when directives aren't being met that are set forth in Articles of A Will? My belief is that in the State Of New Jersey there's 90 days from filing probate, while in the will there's an article directing executrix to consult with heirs during a 45 day period from the date of filing for probate for the division of tangible personal property. After which, property that hasn't be divided, in full agreement with all heirs over who gets what, with her being one of the heirs, she has authority either to designate the article to an heir or to sell any and all disputed articles and the proceeds added to the residuary estate. Today is the 45th day, she hasn't consulted nor made any attempt to make contact with any of the heirs since testators burial. Wouldn't allow any heirs (sisters and brothers) to even have access to house or help in the separation of items in the house. Wouldn't even allow access to house before filing for probate to at least allow siblings that which live out of state to have a place to stay during funeral. Although, I have seen her daughters and husband helping her. I'm sure she's gotten what she's wanted by now. Received four days ago a copy of Will with a letter from the lawyer that drafted it advising that the executrix has ordered an appraisal of the contents of the house and as soon as the report has been received, she will provide each heir a copy of same. Just so you know, I've seen stollen pieces in executrix's house and before testatrix passed on, complained of belongings taken and missing from house. Lovely sister, isn't she!
New Jersey
Do heirs have any exersizing rights of removal of executrix when directives aren't being met that are set forth in Articles of A Will? My belief is that in the State Of New Jersey there's 90 days from filing probate, while in the will there's an article directing executrix to consult with heirs during a 45 day period from the date of filing for probate for the division of tangible personal property. After which, property that hasn't be divided, in full agreement with all heirs over who gets what, with her being one of the heirs, she has authority either to designate the article to an heir or to sell any and all disputed articles and the proceeds added to the residuary estate. Today is the 45th day, she hasn't consulted nor made any attempt to make contact with any of the heirs since testators burial. Wouldn't allow any heirs (sisters and brothers) to even have access to house or help in the separation of items in the house. Wouldn't even allow access to house before filing for probate to at least allow siblings that which live out of state to have a place to stay during funeral. Although, I have seen her daughters and husband helping her. I'm sure she's gotten what she's wanted by now. Received four days ago a copy of Will with a letter from the lawyer that drafted it advising that the executrix has ordered an appraisal of the contents of the house and as soon as the report has been received, she will provide each heir a copy of same. Just so you know, I've seen stollen pieces in executrix's house and before testatrix passed on, complained of belongings taken and missing from house. Lovely sister, isn't she!
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