Legal Question in Wills and Trusts in New Jersey

Re: inheritance

If you are a beneficiary designated on the insurance policy, the proceeds pass to you outside of the probate estate. That is to say, the proceeds are not counted in determining your 1/5 share of her estate.

However, your mother may have had other assets which passed outside of her probate estate as well, and which may have been directly payable to her husband. It is common, for instance, for a house to be jointly owned by spouses with right of survivorship. So, even though you may know of other assets, these may not pass 1/5 to you through the Will of your mother. There is a possibility that very little of her assets passed through the Will, and that the 1/5 share you have may not amount to very much. In addition, keep in mind that all of her debts and estate administration expenses are deducted from her assets prior to distribution of the balance to beneficiaries.

As a beneficiary you have the right to an accounting of what is in your mother's estate, before the estate is closed. I would recommend that you request an accounting in writing to her husband or to the estate attorney. If you do not receive a reply within a reasonable time, you may need to follow up with an attorney, to enforce your right. Keep in mind that it takes several months to complete administration of most estates. Prior to completion of the estate, and distribution of the inheritance, the executor will want you to sign a release to the estate -- be sure you have seen an accounting before you execute a release.