Legal Question in Wills and Trusts in New Jersey

Re: rights as beneficiary

Executors have a fiduciary to report all activity of the estate to its beneficiaries and provide a Notice of Probate to them, when they qualify. I suggest you verify with the Surrogate that (1) the Will was actually probated and (2) if an attorney is representing the estate, and, if so, his contact information. This information is available with a simple telephone call. You may go to the Surrogate's office and see a copy of the Will or have them mail you a copy for a nominal fee. Before you sign any release and refunding bond, which acknowledges you have received your entitlement from the probate estate (only assets covered by the Will, which may not be all assets in your father's estate), be sure you get a full and complete accounting of the estate. While the Executor need only account for assets passing under the Will, I also suggest that you inquire if there were assets that passed outside the Will, such as joint assets or assets having a designated beneficiary, such as POD accounts, joint accounts and/or life insurance and retirement plans. This is especially of importance if the probate accounting shows death taxes were paid by the estate, and may also be important information if not all heirs were so named. Contact me directly if you have further questions.