Legal Question in Wills and Trusts in New Jersey

Release and refunding bonds

I am the executor of an estate. I gave a specific bequest in the amount of $50,000 to the person entitled to it after he signed a Release and refunding bond. However my attorney at the time did not have the release notorized or signed in the presence of their attorney.He also did not submit it to the county surrogate's office. After 5 months I am now being sued with claims that I coerced my father in the making of his will (not true). What is my recourse?


Asked on 4/13/08, 7:58 pm

1 Answer from Attorneys
Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

Re: Release and refunding bonds

First, it is your responsibility, not the beneficiary's to obtain a properly executed release and refunding bond and file it. However; the mere fact that he did not sign it does not mean that he can keep it if the will is set aside. You might have to sue him in a separate action to recover the money or try to make the claim against that beneficiary part of the will litigation. This answer is given for informational purposes only and is not intended to constitute legal advice.

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Answered on 4/14/08, 5:43 pm


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