Legal Question in Wills and Trusts in New Jersey

Re: Probate question

The executor should follow the Will, or report to the Court if there must be a deviation.

At this point, you need to take legal action. What County are we talking about? I travel to quite a few, but not all, counties in NJ....

The fees for this are not excessive, and dealing with this swiftly will maximize the estate. Call or write back for more info.

Mike

Re: Probate question

The children or their representatives should consult with an attorney right away who can review the Will and counsel them as to the appropriate action.

Re: Probate question

The executor of an estate has three essential duties:

1. Gather the assets

2. Pay the expenses

3. Make disbursements and account for the income and expenses.

Part of this duty would be to fund a Testamentary Trust. As a potential beneficiary, you have the right to ask the Court to compel the executor to transfer the assets. Frankly, this is too hard to do yourself. You should immediately hire an experienced tax and estate attorney to represent your interests.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

Re: Probate question

If the executor is not following the provisions of the Will, a beneficiary can bring an action in probate court to compel her to act, or to replace her as executrix. As the others advise, you would be wise to have an attorney represent you for this type of matter.