Legal Question in Wills and Trusts in New Jersey

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Robert Davies, Attorney

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As a beneficiary in a will, you have the right to see the will and to receive an accounting from the executor of what was in the estate, how it was spent, and how your share was determined. Until you have all of this information, don't endorse, cash or deposit the check.

You may start to get the information by contacting the Surrogate's Office for the county where your great uncle resided, where the will should have been filed.

Consult a lawyer to help you.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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I agree with Miriam except that if your bequest was a specific bequest, not a residuary bequest or share of the residuary, you only are entitled to receive what the Will provides and need not be given an accounting. A specific bequest reads something like "To Mary Smith, I give the sum of $500." If you are a residuary beneficiary, you are entitled to get a full accounting of the estate. You should get a copy of the Will to determine exactly what is your interest in the estate. This can be obtained from the Surrogate in the County where your uncle resided when he died. A small photocopy fee may be imposed. If you have not received what you are entitled to get, retain an attorney ASAP to assist you.