Legal Question in Wills and Trusts in New Jersey
Fraudulent Estate Settlement
I have been trying to get my inheritance since 1998 when my relative died. This makes it almost seven years ago that all of this serious business began. I have received most of the assets that I am due, but there is a problem. The executor of my estate wants to do a final settlement and close the estate. He claimed to have paid me a large sum of money. He showed the court, the face of the check but not the endorsement on the back of it. I have never seen this check nor known of its existence until now. I am certainly surprised that any court system would allow unsubstantiated documents to be admitted as ''fact.'' Any check submitted to the court should show both sides of it, verifying who endorsed the check and that the legitimate party cashed it. The executor wants me to file an Answer within 10 days as to why the estate should not be closed. What should I do?
Anyone who can help me, please do.
2 Answers from Attorneys
Re: Fraudulent Estate Settlement
I concur with Jon. It is possible that you might not remember getting the check (so much time has passed) or the Executor could have forged your name, or it could have gotten lost or stolen from the mail. You must timely respond, denying the receipt of the payment, ask that the Executor provide proof of endorsement and deposit information (all on the reverse of the check). If the Executor did anything wrong, he/she is personally responsible to correct it.
Re: Fraudulent Estate Settlement
If you never got the check, you need to file an answer to the complaint. That answer would include a claim that you never received the check and would demand the executor produce the check or at least copies of both sides showing how it was endorsed.
It seems very strange that an estate from 1998 would not have settled by now which makes me (and probably the court too) suspicioius.
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