Legal Question in Wills and Trusts in New Jersey
Beneficiaries rights to updates of will in probate 3 years
I am a beneficiary of my deceased mothers will I has been in probate almost 3 years.
Older sister is executor.
I have made multiple attempts to not only get updates as to progress, but specific accounting of what has been done. All requests have been ignored. I'm relying on younger sister for updates, however, her story as to amounts, sale of stock etc. has changed several times.
At one point I requested info from attorney, and he directed me to speak to the executor, hence a circle.
What are my legal rights as a beneficiary as to obtaining information as to progress, and a written accounting?
If I get an attorny of my own involved on my end, would his fee come out of the estate?
2 Answers from Attorneys
Re: Beneficiaries rights to updates of will in probate 3 years
I agree with Mr. Corbett's advice.
Unless there are some very unusual circmstances present here, three (3) years (and counting) to probate the estate is very unusual. The fact that the lawyer would not talk to you also makes me suspicious that all is not right here.
My advice would be to retain an attorney and file a complaint to compel an estate accounting immediately.
Re: Beneficiaries rights to updates of will in probate 3 years
Anyone who has an interest in an estate that is being probated in New Jersey may sue the executrix for an accounting. It is not a complex procedure and the situation that you describe is the typical reason why an accounting is demanded.
To simply get the court to order an accounting of the estate is not an expensive matter. If the accounting then shows that there has been mishandling of estate assets, things could get more complicated. That is impossible to predict.
You did not mention the County in which the estate is admitted to probate. For this type of suit, it is probably best to engage a lawyer who is reasonably close to the courts in that County. My office is in southern New Jersey. I am sure that you will also hear from other lawyers who have offices in the northern part of the State. Call or email one of us for more information and assistance.
See also: http://info.corbettlaw.net/lawguru.htm
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