Legal Question in Wills and Trusts in New Jersey

Re: right as beneficiary

It does not appear from your note that your brother [the executor] has done anything wrong, however, as a beneficiary you are entitled to some basic information concerning the estate.

Do not sign anything now. Reading between the lines, what I think is happening is that the executor [or his lawyer] feels that you may be uncooperative and may not sign off on the approval of accounting. Assuming that to be the case, they are going to court to have the judge approve the estate accounting [so they would not need your approval].

You will get a copy of all documents filed with the court and will have advance notice [at least 30 days] to review the documents and file an Answer if warranted.

You should retain an experienced trust and estate attorney to protect your interests.

Re: right as beneficiary

To the contrary as to what you have been told by your brother, the Executor of the estate has a fiduciary duty to properly handle and account to all beneficiaries all matters involving the estate. I suggest that you call the Surrogate's Court in the County where your father resided and verify the probating of the Will (they will send you a copy for a nominal fee) or you can go there and view it, as it is a public document. When you call, you can also ask if an attorney has been designated and the attorney's contact information. Finally, I call your attention to 2 things: (1) a Will only acts upon individually owned assets, and does not cover assets held in joint names and/or which have a designated beneficiary (e.g., life insurance or retirement plans), and (2) a complete accounting of the estate should be provided with any release documents. I do not know the size of your father's estate and there are potential death taxes. If the estate exceeds $675,000, which includes assets that are subject to the Will as well as assets passing outside the Will, the "probate" or estate passing under the Will may be responsible for these taxes, even if they are attributable to assets passing outside the Will. If the accounting shows death taxes, and assets passing outside the Will are not included in the accounting, this might not be a full accounting to which you are entitled, and may also raise questions that require further action on your part. Contact me directly if you have any further questions.