Legal Question in Wills and Trusts in New Jersey
If a person is intentionally omitted from a parent's will and the executor decides to give a distribution to that person is that considered as a gift or an inheritance as the omitted person has a bankrupcy pending.
2 Answers from Attorneys
If the recipient was intentionally omitted, why was a distribution made in the first instance? Was this approved by all heirs or was the decision made by the Executor unilaterally? In any case, it is probably considered a gift, not an inheritance.
That shouldn't be permitted, unless there was some other agreement among the heirs. The executor must simply follow the instructions of the will and get in serious trouble for playing around - they're acting under the supervision of the surrogate's office. If it wasn't inherited from the estate, but rather the estate gave funds to another individual without any consideration in return, that would likely be seen as a gift for tax purposes.
If you would like to discuss your matter further over a free phone consult, feel free to contact me at your convenience.
Regards,
Michael J. Duffy, Esq.
Duffy Law, LLC
1-888-414-5773
www.mduffylaw.com
1500 Market Street
12th Floor, East Tower
Philadelphia, Pennsylvania 19102
52 Berlin Rd.
Suite 3000
Cherry Hill, NJ 08034
Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.