Legal Question in Wills and Trusts in New Jersey
Duty of Executor to Beneficiary
I am a beneficiary to an estate that has been in probate for more than 3 years (numbers are being investigated by the IRS). In this time I have made numerous written requests for a listing of the stocks, which is my inheritance, from both the executor and the attorney, all of which have been ignored. I understand in NJ the probate is more ''hands off'' than in other states, but this is unacceptable. My question, is the executor in NJ under any obligation to the beneficiary to provide a listing of the assets, both the origianl amount, and that remaining after estate taxes were paid out of the estate?
At this time I am not contesting the will, since I do not even know what specifically the assests inherited by me are. Frankly, I'm trying to avoid petitioning the Court for an accounting in I know this this something I am entitled to....In other words, does the executor owe me this listing under his/her responsibilities as executor?
2 Answers from Attorneys
Re: Duty of Executor to Beneficiary
If you are unhappy with what the executor is doing, and the executor is not responding to your reasonable requests for information, then you need to hire an attorney and get some results.
If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss
this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you
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Re: Duty of Executor to Beneficiary
I don't like to think the worst, but if you truly have had NO information from the executor or the estate attorney for three years, and all of your reasonable requests for information have been ignored, then it's time to take action and compel the estate accounting.
In my experience, this is the best way to get the executor's attention, and move the estate to a conclusion.
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