Legal Question in Wills and Trusts in New Jersey

Re: Receiving information as to an estates probate status

I suggest retaining a NJ attorney to assist you. It is correct that if the estate is potentially subject to NJ Inheritance Tax and/or Federal Estate Taxes, it could be a year or more until assets are cleared for distribution. However, once the returns are filed and the estimated taxes are paid, an interim distribution can be made of the remaining assets. It is not unusual to hold a reserve in case additional taxes may be due. You are entitled to know the size and composition of the estate, how it is being adminsitered during the probate process, and what has or will be done to liqidate assets to pay taxes. You can also have input on how the final assets will be distributed (in kind or liquidated for a cash distribution). Having your personal attorney act as a monitor may be good idea, although you will have to pay a fee. Most estates are settled by "informal" accountings, as a formal judicial accounting before the Court can get expensive and adds more time to closing the estate. I do this regularly to avoid the additional time delays and added costs. If you need any assistance, call me at 973-377-3313. No charge for an initial consultation of reasonable time.

Re: Receiving information as to an estates probate status

NJ is a very informal probate state with little court supervision or other formal requirements.

Typically, the attorney works to keep everyone informed on some basic level. However I rarely if ever send beneficiaries copies of tax returns.

As a beneficiary, you ultimately will have the right to demand a formal estate accounting and object to anything you feel is improper.

If your mother only died in January, the estate is likely a long way from distribution. It does not appear that the attorney is intentionally being difficult. It may be too early for the executor or the attorney to tell you much because they may not yet know the full extent of the assets/liabilities/expenses and don't want to say the wrong thing.