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helpinjerseynew Asked June 2015

How to probate the estate?

Good morning all. My aunt passed away in march.
I had to place her in hospice she lasted 9 days, before I could apply for medicaid, its been 3 months now and my attorney has all the info and also know the history or h*ll the grandchildren put me through. So their is no money left it was used for her care for over four years,theeir is five acres of land.
The attorney is saying let them probate it themselves why should you pay for that when its not mines.
Is this best. Helpinjerseynew.

geewiz Jun 2015
If you are the executor, it is your job to probate the will. Who is the heir??

DaveIFM Jun 2015
You are the executor it is up to you file the will with the probate court.
IMHO I think anyone can file the will but the executor gets stuck paying from assests

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helpinjerseynew Jun 2015
Im the executor, and was her poa, but the lawyer said i can let them probate the estate. What you think.

geewiz Jun 2015
Wow, is there a Will? If so, it is the job of the Executor to probate the will and carry out the Wishes. If there is no Will and there are assets, they pass via the intestacy rules of the state of residence of your Aunt. Presumably, the attorney has assessed this situation. If you are not an heir, then there is no need to pursue. Sorry for your loss.

MaggieMarshall Jun 2015
Listen to your attorney.

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