Legal Question in Wills and Trusts in New Jersey

Re: Does Residual Beneficiary Need An Attorney?

If you are unsure of the information you are receiving, it would be prudent to hire an attorney to look out for your interest. The fee should come from the estate. You should probably pick someone in the county where the will was probated or at least close to the county. We are located in Morris County and we serve Passaic, Essex, Bergen, Sussex and Somerset Counties. If we can be of help or if you have other questions, please contact me.

Re: Does Residual Beneficiary Need An Attorney?

In most estates, the beneficiary probably does not need their own attorney... and that could certainly be the case here.

However, in an $8M estate, even small mistakes by the executor can be costly [to you as beneficiary] so it may pay to have an attorney in your corner keeping an eye on the executor to be sure he is treating you fairly.

Beneficiary's attorney's fees are normally paid by the beneficiary rather than the estate. The exception is where the executor has acted improperly or there is a controversy where the matter ends up in court. In that case, the fees of all contestents are often paid from the estate rather than the individual parties themselves.

Call or send me an email if you would like to discuss this further.

Re: Does Residual Beneficiary Need An Attorney?

In most estates, the beneficiary probably does not need their own attorney... and that could certainly be the case here.

However, in an $8M estate, even small mistakes by the executor can be costly [to you as beneficiary] so it may pay to have an attorney in your corner keeping an eye on the executor to be sure he is treating you fairly.

Beneficiary's attorney's fees are normally paid by the beneficiary rather than the estate. The exception is where the executor has acted improperly or there is a controversy where the matter ends up in court. In that case, the fees of all contestents are often paid from the estate rather than the individual parties themselves.

Call or send me an email if you would like to discuss this further.

Re: Does Residual Beneficiary Need An Attorney?

Of course you need an attorney when a large estate is involved! Your attorney can make sure the inventory and accounting prepared by the executor is accurate and ensure you get your rightful distribution. You will have to pay for your attorney but it is well worth the relatively small cost.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

Re: Does Residual Beneficiary Need An Attorney?

If you are asking, you probably already in your gut know the answer....

You are worried about it, so why not at least consult an attorney (it can be done by phone) and get some of the details out there so the attorney can answer your concerns.

Feel free to write back or call with further questions.

MIke