Legal Question in Wills and Trusts in New Jersey
Moms estate with no will
My mother has passed away in 06 and my brother was guardian. She was in a bad auto accident about 30 yrs prior to her death. Well I have asked fro an accounting of the money and he has sent an accounting of that money and there are things in my opionion are not correct. Which are in 3 different years gave GIFTS of $44,000 and a donation of $5000 to Boy Scouts of America. The gifts for $44,000 are just stated in the accounting as 4 gifts of $11,000 distributed. I would like to know if this is acceptable of a guardian giving donations of $44,000 each year for 3 years.
Right now my brother is saying there is $98,182.88 left in the estate, would I be able to wait let him pay out my share of the esate and then would I be able to sue him over all of these amounts in his accounting like the 3 gifts of $44 thousand.
My main question is if I get a check from the estate and cash it would I still be able to go after him for those amounts that I feel are not exceptable like gifts and donations.
1 Answer from Attorneys
Re: Moms estate with no will
I am assuming that your mother resided in NJ at the time of her death. Your brother's guardianship ended with her death.
Even without a will, the estate of a deceased person must be administered. This is done through the Surrogate's Office in the County where she resided. The personal representative of the estate [the administrator] must gather information about all debts and pay them and all taxes [federal estate, if applicable, and state inheritance and any income taxes due from the deceased] before estate assets may be distributed. State laws direct in what proportions heirs of the deceased share in the estate.
You may seek an accounting of the estate administration.
You may also ask for an accounting of what he did with your mother's assets during her lifetime. This would require a court action.
You should not just accept money distributed from the estate without first seeking an accounting. You acceptance of the money may constitute a release of any claims you may have.
You should consult with an experienced estates lawyer in the county where the estate should be opened.
My NJ Office is in Collingswood [Camden County].
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