Legal Question in Wills and Trusts in New Jersey

Re: My husband passed away 2yrs. ago

I agree with Jeffrey that your facts are unclear. It appears you were not the sole beneficiary of the estate, and that other people may have an interest. I have not seen the Will, so I cannot comment if you or someone else received specific bequests or a share of the residuary estate. Who was the Executor? The Executor has the obligation to account to all heirs, so if this was not done, it may be required now. More facts are needed. This is a response to a question posted on Law Guru and is ot intended to be legal advice. If you need more information, contact me directly.

Re: My husband passed away 2yrs. ago

Your question is somewhat confusing. If the debts exceed the assets, why was there a fight over the estate? If there is no estate to distribute to beneficiaries, why did you propose that the parents "sign papers to close the estate"? Similarly, if you are saying that the suit you received is from the parents for an accounting of what was left to you, that seems to imply that there was an estate and not just debt. For that matter, are you saying that the Will which was upheld gave the parents an interest in the estate in addition to you as the surviving spouse? If the upheld Will left everything to you, it would appear that the parents have no standing to compel an accounting. More information is necessary. If you are left with "only debt to creditors" as you say in the last sentence, it appears that you may want to consider an action to declare the estate insolvent if there is some money but not enough to pay each creditor in full. You should discuss this with your attorney. If you do not have an attorney, feel free to give me a call.

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