Legal Question in Wills and Trusts in New Jersey

my mother passed away 01/20/10 how long can my brother hold our inheritance without saying anything to us there is a will and there was very little bills that were owed and now they are paid we know this from our own research but he hasn't said anything to us with the exception of we are not getting as much as we all know we are in-titled to


Asked on 9/06/10, 11:17 am

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

There is no actual time period. If you suspect he may not be handling things properly, bring an action in the Surrogate's Court (Probate Part) to compel he provide an accounting and make the required distribution toi the heirs.

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Answered on 9/12/10, 12:51 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I agree with the answer provided above.

I would also seek an interim distribution ASAP. If all the bills are paid [were tax returns filed yet?] then the estate may be in a position to make an interim distribution...say 50% of the total right now, before the final accounting is prepared.

You or your lawyer should be pushing for an interim distribution now.

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Answered on 9/13/10, 5:33 am


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