Legal Question in Wills and Trusts in New Jersey

Non-enforcement of my mother's will

My mother died over 5 years ago and my executrix has not collected monies owed to the estate nor has she distributed all the assets. Is she and the estate lawyer culpable in the non execution of the last will and testament of my mother?


Asked on 1/27/09, 11:02 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Non-enforcement of my mother's will

While there may be reasons for the delay, 5 years is an unusual amount of time to complete an estate. I suggest you write the Executrix and the attorney (certified mail, return receipt requested) demanding an accounting and an explanation of why the estate has not been concluded. If you do not receive a satisfactory response, you have the right to request the Court (Probate Division where the estate is located) and request Court intervention and the accounting. Contact me directly if you need more information or assistance.

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Answered on 1/27/09, 11:49 am
Walter LeVine Walter D. LeVine, Esq.

Re: Non-enforcement of my mother's will

It is unusual for this to take 5 years. I suggest writing both the Executrix and the attorney (Certified Mail, Return Receipt Requested) demanding both an accounting and an explanation for the delay and inaction. If the response is not satisfactory, you can pertition the Court for the accounting and the answers. Contact me directly if you need more information or assistance.

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Answered on 1/27/09, 11:53 am


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