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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38256
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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I am the executrix of mothers estate who lived in NJ. My mom

Customer Question

I am the executrix of mothers estate who lived in NJ. My mom passed in April 2015. My mom was the executrix of her mother (my grandmother) lived in nc estate. My grandmother passed in dec 2014. My grandmother estate was not probated by her second daughter(NJ resident) in line as executrix. How do I force second daughter, my aunt to probate will so I can close my mom estate. My grandmother has property and rental income in NC that must be divided per her will.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If the second daughter won't voluntarily assume the role as successor executrix, then she can't be forced to do so. Assuming the role as executor/trix is entirely voluntary on the designated person's part.
With that said, if she won't act to settle the estate, you could file your own probate petition to be appointed as alternate executrix for grandmother's estate as well and could assume those duties of settling both estates so that grandmother's estate could pass to your mother and then mother's estate could pass to her named heirs.