Legal Question in Wills and Trusts in New Jersey

estate probate not closed since 1990`

can i as beneficiary force executor(brother) to close father's estate first probated 7/1990?my four children & i constitute 50% of beneficiaries


Asked on 1/07/08, 1:51 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: estate probate not closed since 1990`

It's been 17 to 18 years since your father's Will was probated and the estate is still open?

Where do I begin? You need to contact an estate attorney as soon as possible and provide him or her with a detailed account of what has caused this situation. To say the least, it is very unusual that the estate is still 'open' after so many years.

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Answered on 1/07/08, 1:55 pm
Robert Davies The Davies Law Firm, P.A.

Re: estate probate not closed since 1990`

Good God, yes. You will need a lawyer to assist you, and since your zip code is 00831...well, if that is your correct zip code, then you live in the Virgin Islands, and you are not a local person. You will need a lawyer who is reasonably close to the courthouse for the county in which your father's estate was probated.

It is impossible to tell what he has been doing all of this time, or even know for sure that anything is wrong. It is possible that everything is just fine. Not likely, after this much time and the estate still left open, but possible.

It would be useful to go to the courthouse and check to see what documents your brother has filed with the Court concerning the Estate. You could write (or your lawyer could write) and get a copy from the Court clerk who handles such requests. Then, your lawyer can ask your brother directly and clearly to tell you what is going on.

I do this kind of work. Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

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 and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/07/08, 4:01 pm


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