Legal Question in Elder Law in New Jersey
Elder law
My wife and her sister will share their father's estate. The father has been declared incompetant and is institutionalized in New Jersey. Sister is executrix and has custody of father. This occured several years ago and wife has received no information about how her father's money is being used to pay for his care. Does a New Jersey court routinely require that all heirs be informed about how the father is doing and how the money is being used? Should my wife expect to receive information concerning the estate say once a year?
2 Answers from Attorneys
Re: Elder law
New Jersey law requires the Guardian of a ward to file annual accountings with the Probate Court. All interested parties should be provided copies. If your wife has not received the annual accounting, my guess is they have not been filed. Unfortunately, the Surrogate's Office will not police these types of issues regularly so it would be up to the interested party to file an application with the Court compelling the Guardian to account.
Re: Elder law
You should be asking NJ attorneys, not WA attorney.
In WA the answer would be "definitely yes." (Not heirs necessarily, but interested parties - your wife would be an interested party)
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