Legal Question in Wills and Trusts in New Jersey

No information

My husband mother died in 8/06. He does not speak to his siblings. The brother is the executor to the Will. We received a copy of the Will in 9/06. Since then we have not heard one thing about the will or what is going on. If he requests information from the executor as to what is going on and what has been done does the executor have to provide it? Can we also get the information from the lawyer that is on the Will? We paid property taxes on the land his mother left (leaving) to us in the Will because it was on the tax sale list for delinquent taxes. We didn't want to go any further because we really would like to have that land one day. We are wondering what else is not getting paid. It just seems like we should have some type of information by now other then ummm...nothing at all... Thanks


Asked on 2/07/07, 2:55 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: No information

You don't say in your note exactly what the Will says (I assume are you a beneficiary) or if it's even been probated (I assume it has been).

If you are named in the Will, the executor owes you a duty to keep you reasonably informed of what's happening with the estate.

If you haven't heard anything since September of last year, I'm concerned that the executor (and possibly the estate lawyer) either don't know what they're doing or have done something wrong. If that's the case, you need an attorney to represent you and find out what's going on.

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Answered on 2/07/07, 3:21 pm
Walter LeVine Walter D. LeVine, Esq.

Re: No information

YOU CAN CHECK WITH THE SURROGATE IN THE COUNTY WHERE SHE DIED IF THE WILL WAS PROBATED. I PRESUME IT WAS SINCE YOU WERE MAILED A COPY. I AGREE WITH JON THAT THE EXECUTOR OWES YOU A FIDUCIARY DUTY TO PROPERLY REPORT AND ACCOUNT FOR ALL DETAILS OF THE ESTATE. THERE ARE MANY REASONS WHY THERE MAY BE A DELAY, AND YOU DO NOT ESTIMATE THE SIZE OF THE ESTATE. POTENTIAL FEDERAL OR NJ ESTATE/INHERITANCE TAXES, IF DUE, CAN CAUSE TIME LAGS ON REPORTING, AS THE RETURNS ARE NOT DUE FOR MONTHS AFTER THE DEATH, AND CAN MONTHS AFTER FILING TO BE PROCESSED. I SUGGEST SPEAKING WITH THE ATTORNEY FOR THE ESTATE AND GETTING A STATUS REPORT. WHERE I HAVE BEEN THE ATTORNEY FOR AN ESTATE, AND THERE ARE COMPLICATIONS OR ANTICIPATED TIME DELAYS, I USUALLY KEEP THE HEIRS INFORMED ON SOME REGULAR BASIS. IF YOU ARE NOT SATISFIED BY THE RESPONSES YOU GET, OR IF THERE IS NO RESPONSE, YOU MAY HAVE TO RETAIN YOUR OWN ATTORNEY. IF ANYTHING IMPROPER HAS BEEN DONE, HIS FEES CAN USUALLY BE PAID BY THE ESTATE. I HAVE NOT SEEN THE WILL AND YOUR FACTS ARE SKETCHY AS TO WHAT YOU GET UNDER IT OR THE ESTIMATED VALUE OF THE ESTATE, SO I CANNOT MAKE ANY OTHER COMMENT. IF YOU PAID BILLS FOR PERIODS BEFORE THE DEATH, YOU ARE ENTITLED TO REIMBURSEMENT, EVEN IF YOUR HUSBAND EVENTUALLY INHERITS THE PROPERTY. YOU ARE RESPONSIBLE, IF HE INHERITS THE PROPERTY, TO PAY TAXES GOING FORWARD FROM THE DATE OF DEATH.

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Answered on 2/07/07, 3:31 pm


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