Legal Question in Wills and Trusts in New Jersey
According to NJ Law
"Within 60 days after the date of the probate of the will, the executor/trix must mail to all beneficiaries under the will; the spouse, heirs, and next of kin to the deceased, a notice in writing that the will has been probated, the place and date of probate, the name and address of the executor/trix, and a statement that a copy of the will shall be furnished upon request. Proof of mailing shall be filed with the Surrogate within 10 days of the mailing date."
My stepmother was appointed executor of my fathers estate who passed away intestate. I was not personally given or mailed a notice in writing that the will had been probated. Also I am pretty sure that the Surrogate has no proof also because I was never given any documentation in regard to the estate being probated thus there is no evidence for the Surrogate to furnish such as a copy of a certified envelope with my name and address on it.
Also a refunding bond and release was signed by me but I had never received any assets that I was entitled to by NJ Intestacy Law. As I understand it a bond and release form is not required to be signed by a beneficiary and submitted to the Surrogate in order to allow the executor to pay the beneficiaries but as I also understand it is customary to sign this form before payment is made. So what happens when a beneficiary does not get his share in this instance?
2 Answers from Attorneys
I answered your question earlier. This is the same situation, and my answer is this:
If your stepmother has not done what she should have, has not handled your father's property correctly, then you must ask the Judge to force her to do what she is required to do.
She must, if you ask, give a listing of everything that your father owned when she died.
She must, if you ask, give a written explanation of what she has done with his property.
You can understand that it is a LOT easier for an attorney like me who handles this kind of matter many times a year, to get the job done and get you the answers to your questions. And get your money for you.
Again, please call me. No, I do not work for free, but I will talk it over with you by telephone for free, and give you some direction on this.
You are right down the street from me in Hackensack. I hope to hear from you.
Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. 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.
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I agree with Bob. The Administrator is required to provide an accounting to all peoiple sharing the estate and can be compelled by the Court to provide it, if someone entitled requests it. A RB&R is required by the Surrogate to verify alll people have gotten their entltment and to close the estate.
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