Legal Question in Wills and Trusts in New Jersey
If beneficiaries of an estate do not agree with charges made to it by the executor, do they have the right to argue them and if so, what is the process?
2 Answers from Attorneys
Beneficiaries do not have to agree on such charges. Usually, an executor will require a "receipt and release" or similarly named document to be signed by the beneficiaries before the executor distributes estate assets. That document should be accompanied by some kind of accounting showing all of the assets and all of the debts of the deceased, and the planned distribution in accordance with the will, after all estate expenses are paid. Don't just sign the receipt and release without being satisfied with the information in that accounting. Beneficiaries may also seek a formal accounting from the executor.
Because seeking an accounting is a court process, the beneficiaries should consult with an estates lawyer for counsel.
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.
If you do not agree, you can ask the executor to explain and give you copies of the documents showing what was done. If you are still not satisfied, you ask the Court to require that the Executor put in writing what was done. That is called an 'accounting'.
Call me and I will assist you.
Robert Davies, Attorney 201 820 3460