Legal Question in Wills and Trusts in New Jersey

probate

Is there a form to request a full inventory of a probate in NJ? The will is in the Surrogate court, I am a beneficiary but not getting any info from executor or lawyer... other options?


Asked on 11/12/07, 1:59 pm

4 Answers from Attorneys

David Heron David C. Heron, Esq., LLC

Re: probate

In addition to what the other attorneys noted above, the will and application for executor once probated are public records. You can go to the Surrogte and view the application and the will at the county surrogate where probated. This may give you a ballpark figure and type of assets in the Estate.

I suggest you hire an attorney to help you navigate through the minefield that is estate law.

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.

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Answered on 11/12/07, 3:57 pm
Walter LeVine Walter D. LeVine, Esq.

Re: probate

I agree with the other authors, provided you are not entitled to a specific bequest, unless there is a claim that the estate is not sufficient to pay you. Then you need to file a complaint for an accounting. You do not sstate enough facts on why you are not getting information. What, if anything have you been told? If the estate is large enough that death taxes may be due, or claims against the estate are being contested, this could delay the reporting to beneficiaries.

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Answered on 11/14/07, 2:04 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: probate

If you are entitled to a share of the residuary estate [not just a cash legacy] then by law, you are entitled to an estate accounting.

If the executor will not provide the accounting voluntarily, you will need to file a complaint in Superior Court to compet the executor to file his accounting.

Your legal fees may be payable from the estate.

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Answered on 11/12/07, 2:03 pm
Robert Davies The Davies Law Firm, P.A.

Re: probate

You are probably going to need a lawyer to push them, to get some information. You have already tried asking nicely, then asking forcefully, and they ignore you?

Call if you like. I am doing two of this kind of case right now.

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Answered on 11/12/07, 2:10 pm


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