Legal Question in Wills and Trusts in New Jersey

executrix refuses to distrbibute funds to one beneficiary

My Aunt passed away in New Jersey leaving a will to be distributed to five neices. The will was probated in a timely manner. One of the executrices is a stepmother to one of the beneficiaries and refuses to mail the money to her. The executrice has been mailed a certified letter requesting the money and has not responded. What recourse does the beneficiary have in this situation?


Asked on 6/17/04, 8:27 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: executrix refuses to distrbibute funds to one beneficiary

I'm assuming there must be a lot more to the story than what you mention in your note. Why would the executor intentionally refuse to send a check to only one of the beneficiaries?

Assuming that's the whole story, then the beneficiary needs to file a lawsuit in the probate court demanding the executor make the distribution. If that's all there is to the refusal to pay, it should be a very simple case.

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Answered on 6/18/04, 8:06 am
Walter LeVine Walter D. LeVine, Esq.

Re: executrix refuses to distrbibute funds to one beneficiary

PRESUMING THERE HAS BEEN NO CONTEST OF THE WILL OR THE BENEFICIARY'S RIGHT TO PARTICIPATE IN THE ESTATE, A SIMPLE COMPLAINT TO THE PROBATE COURT, REQUESTING AN ACCOUNTING AND DEMANDING THE DISTRIBUTION MAY BE REQUIRED. IF THERE HAVE BEEN NO QUESTIONS RAISED, THIS IS RELATIVELY SIMPLE AND NOT VERY COSTLY (FILING AND COUNSEL FEES). IF THE EXECUTRIX HAS ACTED IMPROPERLY, THE COMPLAINT SHOULD ALSO ASK THAT THE COSTS OF THIS LITIGATION BE CHARGED TO THE EXECUTRIX (THE FEE/COST AWARD IS UP TO THE JUDGE). IF YOU NEED HELP, CALL ME.

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Answered on 6/18/04, 11:05 am


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