Legal Question in Wills and Trusts in New Jersey
How can I obtain the rest of my inheritance?
Last year, the probate judge stated that approximately $5,600 should be placed in the surrogate's office for me. I would have to file a Release and Refunding Bond to get the monies. The form is contradictory because it states that I have already received all of the assets that I am due. What would be the purpose of filling out such a form. Will I have to get a lawyer to help me complete such a form? The judge also stated that the Executrix would have to give me and the judge, the disposition of unclaimed assets and information from a retirement fund. This information should have been sent to the judge and to me. It has been approximately a year and no information has come forward from the Executrix. I wrote certified letters to the Executrix (whom I have never met, to the judge, the surrogate's office and even the Firm that was representing the Executrix. All I received was the signed green postcards from the letters that I sent to them. When I call the Surrogate's office, I am told that someone will return my call, but no one calls. What can I do? Thank you for your help.
2 Answers from Attorneys
Re: How can I obtain the rest of my inheritance?
I really can not tell what is going on. Depending on which County you are in, I might be able to help you out or find a friend who could do so.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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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Re: How can I obtain the rest of my inheritance?
A refunding bond is an undertaking to repay to a fiduciary (such as the executor) any amount that is accidentally overpaid. It is customary in disbursements from estates and you won't get paid without it. However, the bond is usually given contemporaneously with actual payment or nearly so. That is why it recites the fact of payment as if it has already occurred. If you are having trouble reaching the person who actually has the money, I agree that it is dangerous to sign and send it without assurances that payment will be prompt.
As to the other funds in the estate, you may have to resort to filing a complaint for an accounting. This is not a big deal, but you have to have a lawyer to do it. If you have an order from a judge it would seem that there is something that is or has been before the court. If that is true, it may be possible to piggyback on that and lower your costs somewhat. If not, a separate complaint is in order.
Mr. Davies also answered your question. He is in the northern part of New Jersey and I am in the southern part. Check to see which county is handling the estate and give one of us a call.
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