Legal Question in Wills and Trusts in New Jersey

Re: Not receiving updates on probate process

usually the court will require accounting of the estate before the time you describe. You can petition the court for an accounting.

Re: Not receiving updates on probate process

I do not know what the Will provides, as to your interest in the estate. From my experience, this is an unusual amount of time not to hear anything. Plus, if there are periodic income distributions, you should be getting information timely. You do not say how complicated the estate is nor what assets are in the estate, nor if there are potential federal or state death taxes involved. Some of this might explain the delay, as tax agencies are notoriously slow. If there are serious questions you have, I suggest retaining a local attorney to assist you, to try to get information, or, if necessary, to start an action for an accounting. You may contact me directly if you need more information or for assistance.

Re: Not receiving updates on probate process

While there is no set time limit to administer an estate, it appears to me that there could be a problem here. I am troubled by the executor's lack of any response and her seeming lack of candor.

Assuming you are a residuary beneficiary, you are within your rights to go to court and file a complaint to compel an accounting. At a minimum this will get your sister moving and also get you detailed information as to estate assets, liabilities, expenses, distributions, etc.

We handle this type of fiduciary litigation often. Please contact me if you would like to discuss this further.

Re: Not receiving updates on probate process

The other attorneys are correct. To summarize: you are entitled to a complete and accurate copy of the Will. If you are entitled to receive anything under the Will (and the Will will tell you that) then you are entitled to demand, by filing the proper request with the Court, an accounting. The executor will have to set out what property was in the Estate, and what has been done with it. I assume that the parent who died in December 2003 was the last to die, that is, that your other parent died earlier.

It is a fairly simple matter (not too complex) to ask for an accounting. What gets more complex is interpreting the accounting, understanding it and finding out what is NOT being disclosed clearly. My lawfirm handles matters of this type; I go to Court on contested probate matters like this, my partner does estate planning and administration. Please contact me if I can be of assistance.