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Under New Jersey law under what circumstances can a PR be replaced…

Customer Question
Under New Jersey law under...
Under New Jersey law under what circumstances can a PR be replaced or substitued?
is the clause "I nominate, constitute and appoint X as executor of this my Last will. I give to my executor and any substitute therefor full power and authority...."

Is this a sufficient power to allow executor to appoint someone in his place and stead without court approval or any one else being named in the will.
Submitted: 8 years ago.Category: Estate Law
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Answered in 6 minutes by:
6/29/2010
Estate Lawyer: Daniel P., Attorney replied 8 years ago
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

 

Is the named personal representative not fulfilling their duties or are they just not wanting the role of the Personal Representative?

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Customer reply replied 8 years ago
doesn't want to serve
Estate Lawyer: Daniel P., Attorney replied 8 years ago

The he/she would file a declination of right to serve as executor with the court. If the will names a backup person, that is the person who will serve. If the will doesn't name a backup person, he/she may request with the court the name of someone to serve in his/her place.

 

Here is a sample form that may be used/modified. Although this is a different State the form is the same:

 

http://www.kanawha.us/shared/content/Page_objects/pdfs/fiduciary/Declination%20as%20Personal%20Representative.pdf

 

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Customer reply replied 8 years ago

That wasn't my question...

My question is based on the language in the will is that language sufficient for the resigning executor to himself or herself appoint a successor without court intervention. please advise.

Estate Lawyer: Daniel P., Attorney replied 8 years ago
No, a court has to appoint the executor. The will just simply states who the individual wanted to be the executor but only the court has the power to approve an individual to be the executor/personal representative.
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Customer reply replied 8 years ago
Relist: never actually answered the question which is by substitiution under authority in the will can another be substitiuted for appointment and preference under a will and I was state specific to New Jersey which I doubt a florida lawyer could or should answer unless they are sure
thanks
.
never actually answered the question which is by substitiution under authority in the will can another be substitiuted for appointment and preference under a will and I was state specific to New Jersey which I doubt a florida lawyer could or should answer unless they are sure
thanks
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