Legal Question in Wills and Trusts in New Jersey
Division of an Estate
Grandmom died in Sept. My father and Aunt are coexecutors of her will. My brother, myself and my cousin received copies of will from Lawyer (elder law) and a copy of a note grandmom wrote and put with her will paperwork saying ''divide the money from the house and investments among the grand children'' This was not part of the will just a note in her handwriting that she put with those papers. My dad is now saying that the money belongs to him and my aunt and they are not dividing it after he said that they were. Are they legally bound to divide it with the three grandchildren or is it just up to them to honor her written wishes? I've attempted to get in touch with the lawyer but do not get a call back. It's not really about the money.This is destroying the family and we, the grandchildren just want to know what Dad and Aunt are legally supposed to do, what did grandmom's note mean legally? Dad and aunt keep giving different answers and lawyer won't return call. My brother owns the house, bought it before she died with understanding that pay back to be split between myself and cousin...money already paid went into estate account and not being divided. Can brother choose to pay directly to other grandkids rather than estate?
1 Answer from Attorneys
Re: Division of an Estate
What a mess.
I would need to review the will and this purported 'note'. I assume the will has already been probated. Depending on what the note says, it's possible that it may constitute a holographic codicil to your grandmother's will (and be enforcable as though it was part of her will). The fact that the estate attorney sent the note to you indicates that he probably believes it is such a codicil or it would not have been sent to you.
The holographic codicil is only meaningful if it is probated. If not, it's just a note your grandmother wrote, and while your father may be morally obligated to follow it's terms, he is not legally obligated to do so.
The issue of the note must be resolved first, before your other questions concerning your brother's payment for the house can be properly resolved.
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