Legal Question in Wills and Trusts in New Jersey

New Jersey Run-Around

I have no attorney and was asked to complete a release and refunding bond so that I could receive the money being held for me in the probate office in New Jersey. I had the form notarized, sent a money order by certified mail that was requested for processing. When I called and inquired about it, I was told that the office had no information to give me. However, I checked and found out that the bank had cashed the money order that I had sent to them. With that information, I called the office to inform them of this fact. Then the tune changed. I was told that the person in charge of this would give me a return call. Several hours went by and then I called again. This time, I was again informed that the person would call me. She finally did call that day. However, she told me that she did not know to what address she mailed the check. Does this sound fishy to you? Thank you for your help.


Asked on 11/01/06, 1:45 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: New Jersey Run-Around

COULD OR COULD NOT BE, SO MORE INFORMATION IS NEEDED. WHILE A RELEASE AND REFUNDING BOND IS A NECESSARY DOCUMENT TO CLOSE OUT AN ESTATE, IT IS USUALLY SENT TO AN ESTATE BENEFICIARY BY THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE, OR THE ATTORNEY REPRESENTING SUCH PERSON. IT IS HIGHLY UNUSUAL FOR A PROBATE CLERK TO HANDLE THIS ASPECT HIMSELF. IF YOU COULD PROVIDE ME WITH MORE INFORMATION: SUCH AS NAME OF DECEDENT, WHICH SURROGATE OR PROBATE COURT IS INVOLVED AND, POSSIBLY SENT ME A COPY OF THE DOCUMENT ITSELF, I CAN CHECK FOR YOU AND LET YOU KNOW. THIS IS A REPLY TO AN INTERNET QUESTION AND THE RESPONSE IS NOT INTENDED TO BE LEGAL ADVICE OR TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 11/01/06, 2:14 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: New Jersey Run-Around

It makes no sense to me. Why was the Surrogate holding the money in the first place?

You should be dealing with the executor if it is an estate matter. You normally would not be dealing directly with the surrogate. Why did you have to pay money to recieve your inheritance? Again, this sounds very strange.

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Answered on 11/01/06, 2:18 pm
Robert Davies The Davies Law Firm, P.A.

Re: New Jersey Run-Around

if you want a lawyer to assist, feel free to contact me. what you are describing makes no sense.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/01/06, 4:08 pm


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