Legal Question in Wills and Trusts in New Jersey

Sister died 5/2015 in NJ. I asked for an informal acct. of estate 5/2016 and attny told me 9/5/2015 that estate is being audited and has to wait for that but said there should be no problems. I had to ask attorney cause the executrix always refers questions to the attny. (who is the one who drew up the will shortly before my sister's death). My sister was 92, did not owe anyone except taxes and monthly expenses, had stocks and bonds but not extremely wealthy. It is hard to know what is going on being 3000+ miles away. Is it necessary to wait to get an informal accounting. Thanks for answering my free question........from an 80 yr. old should have been born in Missouri, person.


Asked on 1/02/17, 11:14 am

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

My condolences for your loss. I am assuming that your sister resided in NJ when she passed away. You did not mention if your sister had any children or what the terms of her Will were. I am assuming for this question that you were a beneficiary under the Will. Generally, an estate is distributed after 9 months. If the beneficiaries were siblings, then inheritance tax would be due. Whether this is paid by the estate or by the beneficiary depends on what the Will says. The attorney may be waiting for the inheritance tax return to be accepted. Although for a small estate, 20 months does seem like a long time. Most estates are settled with an informal accounting rather than a formal accounting. The attorney will provide an informal accounting to you for examination and ask that you sign what is called a Release and Refunding Bond. If you are not satisfied with the informal accounting, then you would not sign and you would ask for more information until you were satisfied. If you are concerned about the time it is taking to receive your inheritance, I suggest that you ask the attorney more specifically exactly what has been done. You can consider retaining your own attorney to communicate with the estate's attorney and to help you to examine the informal accounting when it is received.

Read more
Answered on 1/03/17, 7:05 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey