Confusing situation regarding my aunt's will

[TheNJBen]

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

My aunt passed away about a month ago and I have an original copy of her will naming me as executor. I also think that there is a newer will naming someone else (a manipulative friend of hers). I was never notified of any change and I have had plenty of contact with her over the past several years.

Today I called her apartment complex about her apartment and assets and was told that they had legal documentation that only this friend was allowed access to her apartment. I called the probate court in her jurisdiction and was told nothing was filed yet so there is no executor. I called the apartment complex and was told that whatever they had came from a lawyer and was executed but legally they could not tell me what the documentation was. Considering the only thing they could have that matters is something from the court naming this friend as executor, and that does not exist, I am at a loss as to what it can be.

My family has told me that they stopped to check in on the apartment that it seems to be pretty emptied out.

So should I file the will that names me as executor and make her contest it or just assume that she has something that can be filed. Either way, from what I understand, emptying the apartment is not appropriate. Also, what paperwork can the apartment possibly have?

Thanks for any help!

 

[adjusterjack]

So should I file the will that names me as executor

Heck, yes.

You should have done that immediately upon her death.

Either way, from what I understand, emptying the apartment is not appropriate. Also, what paperwork can the apartment possibly have?

Neither of those points matter until you get your court papers confirming you as executor or representative and authorizing you to act on behalf of the estate. Then you'll have the power of the court behind you when you go to the apartment management and go after whoever cleaned out the apartment.

 

[anteater]

Are there any other legal forums that you have copied and pasted this post to?

Are you actually going to take some action? Or are you just going to continue posting?

 

[Dandy Don]

Manipulative friend may have gotten your aunt to sign a power of attorney or manipulative friend could have gone to court to acquire a conservatorship to give friend authority to handle aunt's finances. Check the online county court records (do a search on your aunt's name and the manipulative friend's name) to see if there is a record of any court proceedings within the past few years. But this is a minor issue that you do not need to be highly concerned about at this time--your main priority is in getting the will filed, and then everything else can be sorted out.

 

[latigo]

You are obligated by law to PROMPTLY submit the will to the appropriate New Jersey Superior court along with your application for letters testamentary. And sitting on it for a month does not fulfill that obligation. Moreover you could be held financially accountable to persons that suffer a loss because of your failure to do so.

Obviously auntie made a poor choice in nominating someone that has to seek the advice of strangers to learn of his responsibilities as the nominated personal representative of her estate.

Either make the necessary appointment with a probate lawyer to represent you as the PR or file your declination of the appointment. But get the will to the courthouse where it belongs! Geez!