Legal Question in Wills and Trusts in New Jersey

Re: Refusal to sign Release and Refunding Bond

The executor will not distribute your share of the estate unless you execute the refunding bond and release because he would be foolish to do so [for example a later discovered estate debt may need to be paid, and the executor would have no easy way to get the money back from the beneficiaries to pay it].

You indicate that the executor has withheld information from you in the past. If you are entitled to a % of the estate [not just a fixed dollar amount] and feel you have not been given sufficient information to determine how your share of the estate was calculated, or are otherwise unhappy with what has transpired, you have a right to a formal court accounting.

If you wish to pursue this route, you may call me to discuss it further.

Re: Refusal to sign Release and Refunding Bond

I have read what attorney Jon Chester told you, and he is absolutely correct.

If you want a lawyer's help, call me.

Good luck to you. This kind of thing happens all the time. Perhaps a phone call from me is all it will take to get you the information that you need.

Re: Refusal to sign Release and Refunding Bond

I agree with both Jon and Bob. If you only are entitled to a specific bequest, and it is being offered in full, you have no right to an accounting. On the other hand, if yo9u are entitled to a share of the residue of the estate, you should have received an accounting, to verify that what you are signing for is all that you are entitled to receive. On the other hand, sometimes the executor issues a preliminary distribution to resual heirs, to get something in your hands currently, while the administration of the estate is being completed, in which case no accounting is submitted at this time. You do not state whether or not this is a preliminary or final distribution, so more information for a complete response is needed.