Legal Question in Wills and Trusts in New Jersey

Can one estate claim against another

I am an attorney in the midwest but I am unfamiliar with estates generally. My father died in 2001 and my stepmother opened a small estate that year and filed renouncements for myself and my two siblings that allowed her to become administrator. The renouncements were false, but we accepted at face value her representation as to the worth of my father's estate. My stepmother died in 2006, and this year I found out that my father was worth a fair amount more than she'd stated. Other than opening the estate she took no action. I got myself appointed substitute administrator. I was presented in 2007 with a demand for distribution of my father's estate.

I'd like a little insight as to whether I can argue that this is a stale claim.

Any statutory or case law references are appreciated, I have access to a very good law library and a LEXIS subscription.


Asked on 11/06/07, 2:22 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Can one estate claim against another

I will try to help yoy, but your question seems to be missing information. Were there any assets in the estate, not registered jointly or having a designated beneficiary? As to the question regarding the claim, administration means the decedent died without a Will and the estate passes by intestacy laws, which specifies the heirs, in order of their eligibility to inherit. You do not indicate whose claim has been filed, someone representing your step-mother, or siblings, or a creditor? Under NJ law, depending on the value of the probate estate (those assets passing by the Will or intestacy, but not assets jointly owned or having a POD designation, or those having a designated beneficiary - like insurance or a retirement plan)) some may go to a widow and some may be split among the siblings. There is no statute of limitations on an inheritance claim, so it seems to be a valid one if from someone entitled to inherit. A creditor claim may be different, and more facts are needed. You can contact me directly if you need more information, but I need some questions answered to properly respond.

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Answered on 11/06/07, 3:32 pm


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