Legal Question in Wills and Trusts in New Jersey

Re: Closing of Estate

If all obligations have been met and no contingency claims await finalization (for which the funds being held are reserved), there is no reason not to close the estate. All that is doing is possible income tax returns (with fees to prepare) may need to be filed. I would insist the estate be closed (write to the co-executors and attorney by certified mail, return receipt requested, asking for an explanation or demand the estate be closed). If they continue to refuse with explanation, bring a Motion in the Court where the estate is located for a final accounting and distribution. You can hire your own attorney for this. Simpler may be to just retain a local estate attorney, like myself, to write on your behalf and ascertain why the estate cannot be closed. Only cost you the time to write and get the answer, if a good one exists.

Re: Closing of Estate

There is no specific time by which an estate must be concluded, although 7 years certainly qualifies as highly unusual.

It would seem to me that there is more to this that you have not mentioned, otherwise I see no reason why as an executor you could not simply distribute the remaining bank account to the beneficiaries and close the estate.

If your brother's are simply being difficult, you may need to get the court invloved. You may even need to prepare an estate accounting and have it approved by the court. The court order could then direct the final distribution. Unfortunately this option usually involves costs to the estate, which may not be practical if the bulk of the estate has been distributed.