Legal Question in Wills and Trusts in New Jersey

Probate

Was givin the ''brush'' by the attorney toady by mail. Said because I was ''served'' with probate notice (and I wasn't), that it was sufficient, and now (probate is over) I have recieved a ''final accounting.'' There is nothing left to do.

Not so fast, I maintain that I didn't receive a certified letter stating when probate started (and I didn't), and the ''final accounting'' is less than complete.

Not only that, but I look back on this as being real sleezy when the Executrix requested the SS #'s of my children (all named in the will) only to inform us that there were ''no funds left'' to award them their inheritance.

What did they do with those SS #'s ? Liquidate funds and funnel them into the estate? I will find out (hopefully).

This attorney has ignored my request to receive a copy of pre death financial records.


Asked on 10/23/08, 3:33 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Probate

I agree with the other authors that more facts are needed, plus a review of the Will and "accounting". You, as a beneficiary, or, at least the guardian of your children. are entitled to know if something was done prior to death with the decedent's assets, that has resulted in the estate being unable to pay the bequests. Did someone have a Power of Attorney from the decedent, and did they, if so, account for their actions before the date of death? You may have to bring a suit to get this information and keep in mind that such suits can be time consuming and very expensive. Contact me directly if you need any assistance.

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Answered on 10/26/08, 2:18 pm
Nancy M. Rice, Esq., CELA Elder Law Offices of Nancy M. Rice

Re: Probate

You live in NC but the estate is in NJ? What county?

Who gave you the brushoff - the estate attorney?

I need more facts, but if this is a case where the Executrix is claiming no money in the estate to pay the beneficiaries, you have plenty of time to challenge . . . not necessarily an easy thing to do but we are doing it more these days (challenging pre-death transactions) than Wills.

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Answered on 10/24/08, 7:24 am
Michael Berman Law Offices of Michael A. Berman

Re: Probate

Unfortunately, I will need a little more detail before I can accurately answer your inquiry....

Who died, and what was you relation to that person? Were you named in the will as well? How old are your children who were named in the Will?

What County did the decedent last reside in, was the Probate action in that County, and did they own any real estate there? Please reply at your earliest convenience so I can check up on this...

Thanks!

Mike Berman

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Answered on 10/24/08, 11:36 am


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