Legal Question in Wills and Trusts in New Jersey

Re: Distribution of Tangible Property

You should try to pick up the property in person. However, if you can't do that, I see no reason why the executor could not send it to you. Where beneficiaries live far away, this happens all the time. In many Wills I prepare, I direct that the cost of distributing property (shipping, insurance, etc.) is to be paid by the estate as an administration expense.

Also, you should ask to see the tangible property appraisal to review what it is you are to receive. That way, you can verify that you received your equal share, and will know what items the executor will be shipping to you. Once you have approved what's on the list, the estate should have no problem sending them to you.

Re: Distribution of Tangible Property

Most wills that I and other estate attorneys prepare provide that costs of distribution are an expense of the administration of the estate. Generally, before a distribution (even a partial one) is made, the attorney will require you sign a release/receipt. Personal property such as jewelry often has such sentimental value we prefer family members make the choices directly to avoid familial conflict now or later.

Re: Distribution of Tangible Property

YOU ARE ENTITLED TO THE DISTRIBUTION WITHOUT INCONVENIENCE. I HAVE HAD THIS ISSUE SEVERAL TIMES. THE JEWELRY SHOULD HAVE BEEN APPRAISED FOR INHERITANCE TAX PURPOSES, SO YOU CAN REQUEST A COPY OF THE APPRAISAL AND A LIST OF SPECIFIC ITEMS. ONCE VALUED, ARRANGEMENTS CAN BE MADE FOR PACKING AND DELIVERY (FEDERAL EXPRESS, UPS OR AIRBORNE), WHICH WILL INSURE AND DELIVER OVERNIGHT. WORST CASE, AUTHORIZE A MESSANGER SERVICE TO PICK IT UP AND DELIVER IT TO YOU. IF THE WILL IS SILENT ON DELIVERY INSTRUCTIONS, YOU ARE RESPONSIBLE FOR ALL DELIVERY COSTS.

Re: Distribution of Tangible Property

I do not understand why you would not be willing to travel from Central New Jersey to Northern New Jersey. Are you disabled? With most estates, property such as gold coins or jewerly have unique and sentimental value as well as appraised value. If it is lost, it is irreplacable. No attorney would be willing to take a chance on valuables being lost. Additionally, where would the money come from to insure the items for delivery. Unless you are receiving a cash bequest as well, you are asking for someone else to pay for delivery of your bequest. If I were the estate attorney, I would take the same position he is taking. Then if you didn't come to pick up the jewelry, I'd ask the court to authorize me to sell it off, and deduct expenses for fees and costs, and send you a check for the difference. I sincerely believe you should reconsider your position.