Legal Question in Wills and Trusts in New Jersey

Re: NJ Probate Process

If you were named in the will, you are entitled to a copy of the Will. By law, cash bequests must be paid within one year, if not, you are also entitled to statutory interest on your cash legacy.

If the estate was "closed" and you were not paid, you should demand to see the estate accounting to determine if the estate hd funds available to pay your cash legacy. If the estate was insolvent, then you may not be entitled to anything.

Re: NJ Probate Process

As a beneficiary you have certain legal rights, including the right to demand an accounting of the estate. I would send a demand letter to the law firm that is representing the executor/exucutrix of the will and request that they produce the accounting. If that doesn't provoke the appropriate response and delivery of information, you can file suit to compel an accounting.

If you require our assitance in this regard, please give me a call at (201) 498-0400.

Glenn R. Reiser

LoFaro & Reiser, LLP

Re: NJ Probate Process

Thank you for your inquiry. Please be advised that I have not been retained to represent you and I am basing any information provided on the limited amount of information you supplied.

However, if I were in your position, I would begin with obtaining a copy of the will to be clear about what was bequested to you. Next, I would obtain an accounting of the assets from the estate to determine what was left after all bills and debts were paid. If there was no money left, there is no money to give to you and there is nothing you can do provided the accounting is accurate and the funds were properly distributed.

If there were monies left, you need to write to the adminstrator/adminstratrix or his or her attorney and ask why you have not received your bequest. If the response is not favorable, you need to file a law suit to enforce payment. If the payment has not been made for over one year since the passing of your grandmother, you are entitled to interest as set by law.

I would be happy to discuss this with in you greater detail and file any necessary paper work and you can contact me at 908-537-7975. If you cannot afford an attorney, contact you local legal aid for the County in which you live and provided you meet the requirements, they will assit you for free.

GOOD LUCK