Legal Question in Wills and Trusts in New Jersey
Execution Of A Will
A person that has just started proceedings to file for a chapter 7 personal bankruptcy in the state of Alaska has been informed that a friend passed away in New Jersey, and that person is named in the will.The will has not yet been probated, and it is not known when the probate will be final.It is not known what the person inherited,wether it be money or some personal items that are of sentimental value.Bankruptcy procedings may consider such inheritance an asset in the state of Alaska.Can this person legally request from the Trustees of the Will, (when they finally contact the person,) to Execute the Will-section that deals with this person, a year or more from the time the will is probated, without breaking any laws that pertain to the bankruptcy procedings?It is very likely that the amount in question if any would not amount to much, and more likely that the inheritance might be some personal artifacts of the deceased that would have sentimental value, but in either case this person does not wish to act outside the law, and yet would like to preserve such inheritance if it can be done within legal boundaries, and is this person legaly bound to inform lawyer handling bankruptcy proceedings about such pending inheri
1 Answer from Attorneys
Re: Execution Of A Will
You are bound to tell the bankruptcy trustee about the inheritance. If you are a beneficiary, you are entitled to a copy of the will.You could disclaim, but the Trustee will have an interest.
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