Legal Question in Wills and Trusts in New Jersey
Named in Will
I was named in my mother in laws probated will as
alternate executress and trustee to any beneficiaries in
this will under the age of 25. The first executer (my
husband) did except the responsibility , so I was not
called upon to serve, and there were no beneficiaries in
this will under the age of 25 for me to be trustee of. (the
executor was the sole beneficiary of the estate) Is there
a requiremnet by law for the first named executor to
inform me of or send me a copy of this will, outlining my
possible duties, since my name did appear in it? (even
though I am not a beneficiary)
Thank you.
2 Answers from Attorneys
Re: Named in Will
Even as a fiduciary, you are entitled to a copy of the Will. I am surprised your husband didn't show you a copy. In any event, if the services as trustee are not required (no minor beneficiairies) I am presuming the estate will be distributed in accordance with the Will and the probate proceedings ended with the distributions. As a last resort, the probated Will is a public document and you can see it at the Surrogate's Office if your husband refuses to give you a copy.
Re: Named in Will
no obligation to send you any such info; however, since the will is now a public record, you could check with the Surrogate's office snd obtain a copy
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