Legal Question in Wills and Trusts in New Jersey

Re: Executing a Will

I would think that the attorney represents the estate and he takes direction from the executor

as to how to proceed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Executing a Will

It is not unusual for the attorney who drew the Will to be the attorney for the estate and this is not a conflict. While his primary obligation is to the Executor and the estate, he must carry out the terms of the Will as written in the Will. All beneficiaries are entitled to a full and complete accounting of what happens within the estate, and this should be presented before any beneficiary signs off. Keep in mind that that the estate covered by the Will only pertains to those assets to which the Will pertains. The Will does not govern assets that go to people by operation of law; i.e, assets registered in joint name or which have specific designated beneficiaries, such as life insurance policies, retirement plans and the like. While the estate attorney is not obligated to provide an accounting of all assets comprising the estate, and only has to account for the assets covered by the Will, many do provide an accounting of all assets, especially is estate assets are needed to cover death taxes not covered by other assets in the estate.