Legal Question in Wills and Trusts in New Jersey
Disbursement of funds from settlement
My 4 siblings and I are supposed to receive money from the estate of our father after a lawsuit settlement. There was no will, so the judge ordered one lawyer to be the administrator for the disbursement, but he opted out. The 5 of us all agreed on another person to do it, but the judge refused. What are our options to get our money? Can we petition individually to get our own share of the funds? The amounts are very small, but much needed, so we would like to do whatever we can on our own. Also, are there any special considerations to be made for any of the siblings living out of state or incarcerated?
1 Answer from Attorneys
Re: Disbursement of funds from settlement
Presuming the siblings are the closest next of kin, one can, with the approval of the others, be appointed by the Surrogate in the County where Dad resided at the time of his death, as Administrator of his estate (this is slightly complicated as a bond needs be posted), and then request Court to see that the settlement is paid to the appointed Administrator. If you need assistance, contact me directly.
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