Legal Question in Wills and Trusts in New Jersey
unwanted property
who's responsible for property left in a will if the person that the propery was left to don't want it? the city wants this property demolished because its not structurally sound.
1 Answer from Attorneys
Re: unwanted property
This gets a little complicated, and as I do not have a copy of the Will for reference, so my response will be general. The person named to receive the property, if they do not want to accept it, must issue a formal Disclaimer, which has to be submitted to and recorded in the Surrogate's Office (this must be done within 9 months of date of death). The Disclaimer acts as if the person predeceased the decedent. The Will may specify alternative takers in such cases, and if none are named, this follows the laws of intestacy (dying without a Will). In all caes, the Executor is responsible to handle the affairs of the estate and this problem may fall on the Executor's sholders. More information is needed for a better response.