Legal Question in Wills and Trusts in New Jersey

What has to be sent to the beneficiaries before disbursment?

I am the executor of an estate that

was contested. it has since been

settled and we are now in the

process of liquidating all assets. Aside

from making sure the taxes are paid,

what has to be done prior to

disbursement and what is typically

included in a disbursement ''package''

ie release form, w-2 form to be filled

out, ????


Asked on 8/27/08, 10:53 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: What has to be sent to the beneficiaries before disbursment?

I send each beneficiary a package that includes 3 documents: (1) an informal accounting showing all details of the estate, by category, (2) a form I call a Waiver, Consent and Approval which they sign and have their signature notarized, by which they waive filing a formal "judicial" accounting (which is submitted to the Surrogate's Court for approval, if required, and contains an almost transaction by transaction analysis), approve the informal accounting I provide and consent to all activity by the Executor and the proposed distribution of the estate, and (3) a Release and Refunding Bond which sets forth what each is to receive and releases the Executor, which is signed and notarized, and which must be recorded with the Surrogate to complete the estate proceedings with the Surrogate. If you need assistance, please contact me directly.

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Answered on 8/27/08, 11:37 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: What has to be sent to the beneficiaries before disbursment?

First, if the estate is contested, you should have your lawyer prepare the documents. Usually, each beneficiary must sign a Refunding Bond and Release before receiving a distribution. There normally is not a W-2 although there may be tax forms based upon income. Please have your lawyer help!

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

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Answered on 8/27/08, 11:46 am


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