executrix

[joemuni]

What is the name of your state (only U.S. law)?
new jersey
If daughter is named executrix in will and estate goes to surviving spouse, the executrix has no power until surviving spouse is deceased. Would that be correct ?
Thank you for response.What is the name of your state (only U.S. law)?

 

[rowz]

No, that is not correct. The daughter as Executrix is charged with submitting the will for probate and following the directives contained in that will.

I am not sure if NJ grants spuses and immediate elective share, but if that is so, then you are guaranteed a part of the property that is covered in probate.

Is there any real estate involved? Life insurance and/or significant bank accounts?

If you are not the natural parent of the Executrix, you may wish to consult an attorney as to what your specific rights are.

 

[latigo]

What is the name of your state (only U.S. law)?
new jersey

If daughter is named executrix in will and estate goes to surviving spouse, the executrix has no power until surviving spouse is deceased. Would that be correct?

That would be 100% correct!

A will has no legal force or effect until the death of the maker and the instrument is admitted to probate as the last will and testament of the deceased.

Furthermore, the designated executor/executrix or personal representative of the will has no fiduciary powers or official responsibilities attendant to that office per se UNTIL duly qualified and appointed by the appropriate New Jersey surrogate court. Until that court appointment occurs there is no executrix of the will!