Legal Question in Wills and Trusts in New Jersey

Executor Fails to Contact Beneficiaries and Distribute Under Will

Approximately 14 months ago, a will was probated in which I was named a beneficiary of a specific cash amount. I only found out that I was a beneficiary after I requested the Surrogate's Court to perform a search and send me a copy. The executor had failed to contact me regarding any of this, and he is my relative, who I speak to regularly. What is my recourse? This estate was contested by the children of the deceased, who expended thousands on legal and arbitrator fees. Can the funds that were bequeathed to me from the decedent's estate be used by the executor to pay these fees (the executor was to receive the residuary of the estate)? Is there a statute of limitations with such a cause of action, even though I was not notified of the probate?


Asked on 5/22/02, 10:32 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Executor Fails to Contact Beneficiaries and Distribute Under Will

You will probably need an attorney to investigate the status of the estate administration and protect your claim.

As a cash legatee, you have priority over the remainder beneficiary, meaning that after all estate expenses are paid, you get paid your share, and only if there is something left, does the remainderman get his share.

You should have been provided with Notice of Probate shortly after the Will was probated. You are still entitled to your cash legacy, and in addition, will be entitled to interest where the legacy is not paid after one year has passed.

Based on your message, I believe you need to be more pro-active and protect your rights.

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Answered on 5/23/02, 9:01 am


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