Legal Question in Wills and Trusts in New Jersey
My father in law passed away in June 2010. It has been over 6 months. We have received a copy of the will and have found our share to each be 1/5th. The executor, which is very uninformative, now states that it will not be until next year when the checks are cut. How long by law does he have to disburse the money. We were originally told Thanksgiving, then Christmas, now next year. It is so frustrating. The house has been foreclosed, the bills are all paid, and we have agreed to leave $5000 in the account for incidentals. Is there anything we can do to speed him up?
3 Answers from Attorneys
There is nothing you can do short of going to Court. This wold entail filing a motion with the Surrogate's Court. Generally, the Executor has eight months to file a state inheritance tax return. You are entitled to updates and a status of the estate as well as a final accounting when the inheritance is disbursed. If you want futher help, please call.
You may want a letter from an attorney, demanding an explanation of the delay and asking for payout now. Call me if you want me to help.
Robert Davies, Attorney 201 820 3460
I agree with the other responders. You do not say what the size of the estate was or on whose , behalf you arer writing. As an in-law, if you are the person inheriting (not your spouse, a direct family member) there could be death tax liabilities, and the State is notoriously slow in approving any returns and tax paymets, to allow the estate to be distributed faster. Therefor, there may be reasons why there is further delay. I like Bob's suggestion of having an independent attorney write for an explanation on your behalf, so you get updates on this and possible future delays. However, more facts are required for more than a general reply.
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