Legal Question in Wills and Trusts in New Jersey
I am being asked to sign a Release and Refunding Bond RE: my grandmothers estate. I received a check last year but have no idea how the Executor (my aunt) arrove at that figure. I recieved 1/6th because my mom predeceased my grandmother, and my mom had 3 children. Thus, my aunt got 1/2 & my siblings and I got 1/6th. I would like to know, 1/6th of what? The relationship is already damaged with the Executor, and her son (my cousin) was they Atty. who handled this. I feel as if that were a Conflict of Interest. That aside, is it reqasonable to ask for an accounting? How about estate tax returns or her checking account statements? It was not a big estate (I think) so hesitate to retain an Atty. as yet. Thanks.
2 Answers from Attorneys
Don't sign the Refunding Bond and Release until you are satisfied that you received what you should have. You are entitled to an accounting...whether a "formal" court accounting, or merely an informal accounting if that is acceptable to you...but you have the right to know the assets of the estate, and all estate debts and expenses [including legal, accounting, executor's commissions, etc.].
It should not be too hard to ask for an accounting, in an informal fashion just listing what was in the estate and what has been done with the money and assets. If you sign the Release and Refunding Bond, you will really limit your ability to find out that information.
This really does not have to be a conflict between you and them, just some questions to get information.
Call me if I can help you.
Robert Davies, Attorney 201 820 3460
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