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Executrix of will and it's not you. What to do

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odqlesz

Junior Member
What is the name of your state (only U.S. law)? nj
A friend received a certified letter in the mail stating
they were the executrix of a will to someone they don't know
and they left them everything.
What do they do?
Can they legally claim it?
 


nextwife

Senior Member
NOBODY is the Executor or PR of the Estate until probate is opened and they are so appointed by the probate court. And they must submit a will, else the estate is distributed in accordance with intestate probate. And creditors must make their claims FIRST before ther estate is distributed.
 
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odqlesz

Junior Member
I did some more research, the person they say did actually pass away about 6 months ago. I looked at the online obituary and saw another person with the same named as my friend signed the online obituary.

It looks like it is legit but they must of just grabbed the address
of the frist person they came across with that name.

You would think with something like this, they would make sure they
get the right address.
 

FlyingRon

Senior Member
Who purported to send this letter? What do they ask in return?
It's perfectly plausible a scammer used a real dead person's name.

The letter would almost certainly come from a lawyer who will NOT ask for money at this point.
 

odqlesz

Junior Member
It was actually a certified leter from TD Bank
They gave me a number to call, but i think i will look
up their number to make sure it is the right number.
 

justalayman

Senior Member
while any such contacts should be approached with caution, what it sounds like is whomever held the will is simply contacting the person that was nominated as exec so they could open probate and submit the will as required.
 

tranquility

Senior Member
People, how many of you pick a total stranger to be the executor of your estate and leave them everything?

Bueller? Bueller?
 

justalayman

Senior Member
People, how many of you pick a total stranger to be the executor of your estate and leave them everything?

Bueller? Bueller?
where do you get it was a total stranger? It would appear the nominated exec has the same name as the OP. I suspect the person named as exec had some relation with the decedent that would have given justification for the nomination.

from the OP:

I did some more research, the person they say did actually pass away about 6 months ago. I looked at the online obituary and saw another person with the same named as my friend signed the online obituary.
 

justalayman

Senior Member
The OP also wrote:
that was before the OP realized there was a person of the same name that signed the obit book at the newspaper.


it was obviously, as I see it, sent to a person of the same name but not the correct person. The OP suggested a reasonable explanation of how the error occurred as well.
 

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