Can I have some represent me regarding my Mothers estate, sine I live out of state

UPDATED: Oct 2, 2022

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Can I have some represent me regarding my Mothers estate, sine I live out of state

I live in Florida, My Mother just passed in New Jersey and my brother is the
executor of her will. My Brother and I do not get along, and being so far away its
going to be hard to deal with the legal and Financial issues. Am i able to have my
Uncle, who lives in Pa. and a person I trust represent me, deal with my brother
and look out for my interests regarding the execution of my Mothers estate? Is
there a legal form that I need to have to make this happen? Thank you

Asked on August 28, 2019 under Estate Planning, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can hire a lawyer to represent you, but your brother cannot: representing an heir's or beneficiary's interests in probate is legal representation--i.e., it is practicing law--and only lawyers can practice law or represent other people in legal matters. You can certainly have the lawyer liase with your uncle and your uncle can help direct, etc. the lawyer, but only the lawyer can represent you in probate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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