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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111549
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Add'l? re: same estate. the decedent verbalized to s POA and

Customer Question

Add'l ? re: same estate. the decedent verbalized to his POA and Exec "no wake or funeral, just cremation.Wishes not in will, but docs (emails and letters from POA/Executrix) that announce wishes. Decedent passed in 9/09, 2/10 heir reimbursed for cremation. No claim for other funeral expense til 6/15.Accord/satisfactio?Estoppel?Latches?limitations? Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, in the probate process, regardless of any verbal statements, even if they were made on the PA system in front of a filled stadium, if it was not in the will, the court simply cannot grant it. Only what is in the will is granted, nothing outside can be used to change the will.

Actually, the statute of limitations bars the claim if the estate was closed in 2010, as they had to file the claim before probate was closed. If probate was not closed then there was still a statute of limitations to file claim for reimbursement and if you tell me the state I will tell you what that time is.

Customer: replied 1 year ago.
New Jersey
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

NJ has a nine (9) month statute of limitations for creditors to file claims against the estate, which runs from the date they knew of the death. if the claims are not filed within 9 months of the death, then claims against the estate are barred.

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