Legal Question in Wills and Trusts in New Jersey

Re: Probate

There is clearly some horrible problem with your attorney. I suggest you hire another attorney to find out what is going on, and assist you.

I am basing this only on what you have stated.

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Re: Probate

Dale is partially correct in that the IRS freeze is a red flag. I do not understand, however, why the freeze effects your sub-account. An attorney trust account is composed of sub-accounts, all of which are supposedly segregated. Thus, a freeze should only apply to the subject sub-account, although I have never heard of an IRS freeze of an attorney trust account. More seems to be at issue, with the possibility the attorney has used client funds for his personal activities. I suggest promptly contacting the Layers Ethics Committee for the County where the lawyer practices, and advising them of the problem and allowing them to investigate. Simultaneous, I suggest demanding an accounting from the attorney as to the funds he is holding for you. Unless the estate was complicated, with estate or inheritance tax issues remaining open, it is normal for an estate to be completed in a year or less. 3 years causes concerns. If you need further assistance, contact me directly. Many attorneys, like I, also have interest-bearing trust accounrs, although this is not a requirement. It is normally used for matters where large sums will be tied-up for some time, so some earnings are generated in the interim. If he had this capability, there may a claim for malpractice also.

Re: Probate

No, it is not normal. Estates are supposed to be administered within one year of the Executor's appointment unless there's a good reason for taking longer and there can be a lot of different things that would count as good reason.

In this case however, I am troubled because an attorney in NJ is forbidden from mixing the funds of a decedent's Estate with his general Trust Account funds. I am assuming he was named the Executor or he wouldn't have these funds but he is required to open a separate account for each Estate and if there is significant cash and it's to be held for any length of time he must at least put it in an FDIC insured account earning SOME interest.

Why the Federal government has frozen his Trust Account is another very large red flag.

You can make your concerns known to the County Ethics Committee but I would immediately get another attorney to move quickly because if money is being embezzled from you and the lawyer has squandered it, well, you cannot get blood from a stone although this is a fund that will compensate victims or attorney financial malfeasance or theft but not under all circumstances and not always 100%.