Legal Question in Wills and Trusts in New Jersey
My husbands family owned land in NY state which just sold. This land is being split 3 ways, 1/3 of it goes to my husbands fathers estate, his sister is the executor. He does not trust that she will split their 1/3 if all of it goes to her. Is there a way that when the monies are paid his half of the 1/3 can go directly to him and not to the executor? We were told that the check as to go to his fathers estate but can't it say to the estate of his father c/o my husband and be mailed directly to him? If his sister doesn't given him this money what can he do? She lives in NJ and we live in FL
2 Answers from Attorneys
It's like anything else. When someone does not do what they are legally supposed to do, you file suit against them to require them to do so.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
To answer your question I would need to review the various documents [e.g. Wills, deeds, etc.]. However, as a general answer, if your father's estate is the owner of the property, the check would nromally be made payable to his estate....And it would be subject to tax in his estate, and the funds would also be available to pay his estate debts and expenses....before distribution to any beneficiaries.
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