Legal Question in Wills and Trusts in New Jersey
Informal Estate accounting
My husband passed 2 years ago. He had a small business that was destroyed by his son from his first marriage. After a year long court hearing over his will, I was awarded any if anything of his estate. His business wasnt listed in the will because at the time the will was drawn he did not have this business. Now 2 years later, his ex wife and son are suing his estate for college expenses (from divorce decree) and I've been served with a notice to produce as to what I did with the remaining equipment from his business and taxes dated back to 2005. His son recieved a insurance policy in the amount of 250,000, stipulated in the will to cover education expenses.
My question is does the will over ride the divorce decree? and also do I have to provide the information in the notice to produce or can I file a paper declaring the estate insolvent?
2 Answers from Attorneys
Re: Informal Estate accounting
Having been involved in a similar situation (divorce versus Will), it is my opinion that the Divorce Decree overrides the Will, as it is posasible the Will and actions by your husband do not meet the Divorce Decree requirements. Both documents need to be compared to the facts. For example, does the divorce requirement of insurance to cover education, and the facts you present, meet all requirements? Also, you do not specify how the business was operated (sole proprietor, corporation, partnership, etc,)? If other than a sole proprietorship, did the son have any interest in it, as you mention the son "destroyed it"? By what authority id the son have the right to operate the business after his father's death? If the insurance policy the son collected meets the obligations for college expenses under the Divorce Decree, it seems you have no obligations. This answer is provided without reading either document or reviewing other documents (such as the current Complaint), and could be different if other information is required or facts are different.
Re: Informal Estate accounting
I'd need to review the Property Settlement Agreement. You have several options, including perhaps filing a motion claiming this is a frivolous action, if there is no basis for it under the PSA.
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