Legal Question in Wills and Trusts in New Jersey
My aunt died and left an estate that was divided up amongst living relatives. There were possible other relatives who were not found so their share was put into escrow for two years. At the end of the two years if the other relatives were not found the money was to be divided amongst the found relatives. Well the two years were up in May of this year and it is now the end of July. I was in contact with the lawyer in May as I moved and wanted him to have my new address. I ask about the status he said he was working on it and it would be the end of May. In June I was going on a 3 week vacation so I called the lawyer's office to let them know so they wouldn't send anything to my home during that time. And also to ask about the status. He said he was a very busy man and hadn't got around to it yet. Since then I have not be able to talk to him personally, only the people who answer the phone (as there has been 3 different people) or his voice mail. He never returns my calls.
Is there a legal length of time that he can continue to keep our money? Is there anything we can do to get him to send out the money now?
1 Answer from Attorneys
You did not indicate if there was a will or not.
If more than 2 years have passed without any financial reports to heirs, you may have a right to seek an accounting from the administrator of the estate. This would be a procedure in court. You should consult an estates lawyer in the county where the estate is being administered.
You should also make a written demand for information addressed to both the lawyer and the administrator, and mail it via certified mail return receipt requested as well as by regular mail. If you continue to receive no response from the lawyer, you may want to check if her is still licensed to practice law in NJ, and if he is not, to find out who has taken responsibility for making sure that his clients matters are being taken care of..
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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