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Dad died in FL after living there 2 years. His will had been drawn up in NJ, but reviewed by FL attorneys, and was found to conform to state law, so it was not changed. My brother, named executor in the will, is trying to probate the will in NJ and hired an attorney there. He is also claiming annuities, which have specific beneficiaries named, and stocks which were TOD to my sister, included in the estate. I thought the purpose of naming beneficiaries to your assets was to avoid probate, and give assets directly to whomever. With the questionable assets the estate is worth about 80,000; without its more like 8,000. I am sick of his shenanigans, and want to be named personal representative in FL, probate the will as Summary Administration (small estates) and get it over with. There are 5 beneficiaries (all siblings), and 3 did not want to hire an attorney in NJ. My brother has disowned me and one of my sisters, and vows to fight for every penny. He says he is contesting the will, including the annuities and the stock, and nobody, except his lawyer, will get any money. I cannot get the will -- he has the only copy. What can I do?
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It sounds like you will need to speak with an attorney in NJ despite the fact that your siblings are not interested. If the will should be probated in FL then your NJ attorney can argue that NJ is the improper venue and request the judge to have the case dismissed. If this happens than you can continue in FL.
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