Legal Question in Wills and Trusts in New Jersey

Re: Research Payments made to an Estate

I really don't like the sound of this.

Three years is a long time to be waiting for this to resolve itself.

I would need to review the terms of the Will to determine your wife's interest in the estate.

Your next step will probably be to file a Complaint in court, seeking an accounting from the executor...The poor excuses you have recieved from the executor to date give me cause for concern, as does the problem with the lawyer. You need a trust and estate attorney to assist you.

Re: Research Payments made to an Estate

Since your wife has an interest in the estate, she can sue for an accounting. This is a relatively simple and economical process. It results in the exectutor having to disclose everything that was in the estate and what was done with it. In connection with an accounting, application can be made to the court to obtain other discovery from the executor.

As important in this matter as a result of the lawyer's malfeasance. It is possible that there may be recovery to be had from a fund that we New Jersey lawyers have set up to pay part of the claims of clients that are damaged by the handfull of dishonest lawyers. The fund is administered by the courts and claims have to be timely filed. If the lawyer involved practices in New Jersey, the estate should be covered and the executor should have submitted a claim. If that wasn't done, there is a possibility that someone else may be liable to the estate for failing to do it.

Your wife's best bet is to set up an appointment with a lawyer to go over the facts. At the very least, the matter can be expedited. Perhaps there will be recovery that she would not have gotten otherwise.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Re: Research Payments made to an Estate

Presumably you have a copy of the Will, as probated, indicating your Wife's entitlement. If the estate involved litigation to get proceeds of the litigation against the attorney who embezzled funds, plus had potential Federal or NJ estate tax issues, this could take as long as you indicate. I suggest, as did the other authors, considering a suit demanding an accounting from the Executor, plus discovery on what was done to try to recover the embezzled funds. This info can be used to make some direct contact to ascertain what was paid to the Executor. Contact me directly if you may need assistance.