Legal Question in Wills and Trusts in New Jersey

Re: Probate Law

you can file a lawsuit asking the Judge to make the Executor of the Estate (which is your sister) to file an 'accounting', which is a written report explaining what she has done with all of the assets of the Estate.

this will cost some money, which is why your lawyer is not suggesting it.

I am suggesting that you ask your lawyer to tell you what you can DO to get this resolved.

Re: Probate Law

Your facts are a little confusing. Has your sister been appointed as the estate representative, either Executrix (if there was a Will) or as Administratrix (estates without a Will)? I ask this as you mention a Will possibly being in the safe deposit box. Two years on an estate of this size is way too long, where only children are involved. Something appears not right! I concur with Bob that you should go into Court and demand an accounting of what has been done so far, and an expanation on what is taking so long. As a child, unless access to the box was restricted by its registration to only your Mom and your sister, you have a right to be there when it is opened. This should be included in your application to the Court. I realize that attorneys charge by the hour in these matters, but if something is amiss, the fees can be paid by the Estate, not you, or, if something improper has taken place, exclusively from your sister's share. Contact me directly if you need more information.

Re: Probate Law

To begin, I do not wish to get between you and your lawyer. He is the one you should look to for advice. Never the less, you do have some control. In order for your sister to conclude the estate, she must have beneficiaries sign a document called a Release and Refunding Bod which will set the exact amount of your share. In order for her to determine that amount she has to give you at least an informal accounting (as opposed to a formal one that goes through court). If you have any questions as to the size of the estate or bills paid, you have a right to ask for full explanations to your satisfaction. If you are not satisfied with the bottom line showing your share, you may refuse to sign the document and she may be forced into going into court on a formal accounting. The will entail expense. You also have the right to file a complaint against your sister to compel her to provide a formal account.

I would also question this so-called appointment of her cousin as "power-of-attorney" to go into the box. Executors may not delegate their powers by such means. Executors are permitted to hire others to do things for the estate, like cleaning out the house. Sometimes there is a fine line between delegating authority and hiring others, however, if you are concerned about the cousin, you may wish to consider challenging that appointment.But, practically speaking, if you don't trust your sister to begin with, then it may be an exercise in futility to challenge the person she chose to go into the box.

As a former Deputy Surrogate, I have seen matters like this many times. Good luck with this matter.