Legal Question in Wills and Trusts in New Jersey

Re: Distribution of a Estate

It's hard to say how long it should take you to receive the new deed, but assuming the estate is solvent, and the tax liabiulity (if any) is known, you should typically have the new deed several months after the will is probated.

Have you contacted the executor or the attorney for the estate? Have they let you kow the status of the estate administration? I would start by asking them about the status of the deed. If you don't get a response, you should hire an attorney to follow-up for you.

Re: Distribution of a Estate

There is no set time. The executor should be acting as quickly as possible, in the interest of all beneficiaries, being guided by the terms of the will. A simple inquiry may satisfy your concerns. However, if he is not acting in the best interest of all beneficiaries, or unduly delaying distribution, the Court can take action, even removing him in the most egregious situations. However, this cannot happen unless you bring it to the Court's attention, by way of the filing of a Complaint. In this way, the Court obtains jurisdiction and the issues can be brought before a Judge. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Distribution of a Estate

The estate must file the appropriate Inheritance return with Trenton within 8 months; the deed is usually executed by the executor of the estate either before, at the same time,or shortly after the tax return is filed- not rule requires a deed be signed within a specific date. However after the return is accepted by Trenton, a "waiver" will be issued which must also be filed with the county clerk to release the property from any "claim" by the state.