Legal Question in Wills and Trusts in New Jersey

Someone has to administer the estate. If there was a will, it should have named an executor. That is the person responsible for starting the estate by filing the will with the Surrogate for the county where she lived, and administering it. The bank is not responsible for filing the will, nor is a lawyer, unless the lawyer was named as executor.

If the bank account says that it is in trust for you, there may be conditions of the trust. Chack with the bank to find out exactly what kind of trust or account it is.

If there is any question or ambiguity about your rights, you should consult a probate and estates lawyer in the county where your grandmother lived and where her will should be administered.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

If the name on the account is something like "Grandma, in trust for Grandchild" (insert your real names in place of grandma and grandchild) then it might be what is known as a Totten trust. That means that whatever is in the account is yours upon your grandmother's death. However, if grandma had a will that disposed of the money in the account differently (ie., there's a provision in the will that says "I leave the funds in XYZ bank account to the United Way", etc, then the money will likely go to United Way. Also, if your grandmother owes money to creditors then the debt owed can be taken from the account, regardless of whether you've spent the money (in other words, you'd have to cough up the money to pay the creditors, if you'd already spent the money from the account.)

No matter what, you should consult with a probate attorney in the county where your grandmother lived.

****IMPORTANT NOTICE: Nothing in this answer constitutes legal advice, nor does it create an attorney-client relationship. No answer provided via the internet can substitute for actual discussion with a knowledgeable attorney.****