Legal Question in Wills and Trusts in New Jersey

regarding a will/estate

I am separated from my husband, I am living in Florida, he is in New Jersey. My mother-in-law passed away, I was named in the will, not my husband, but the agreement was that we share 50/50. I was convinced to put renounce to my 2 children (who are over 21) because I would lose 15% because I am not blood. My sister-in-law is the executriss and has distributed the estate, she wrote one check in both of my boys names and sent it to my husband. We did not recieve a copy of the accounting, which by the way was done by my sister-in-law's husband). There are many problems here, but my main concern at this time is that I feel very strongly that there was a lot more money than was sent to my children. The check has not been deposited or cashed as of today. What would we have to do to find out the true value of her estate? I would appreciate your help.


Asked on 1/05/04, 9:06 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: regarding a will/estate

The children, as successors to your interest in the estate, are entitled to an accounting of the estate, provided they are residual legatees, rather than just recipients of a specific bequest. By this, I mean, they can only demand an accounting if they were entitled to a percentage of the estate, rather than a specific dollar amount. As to their non-receipt of the check, they may have a claim against the Executrix to have it reissued. They should contact the attorney for the estate and the Executrix asking that the original have a stop payment issued and that new checks be issued directly to them. If there was a specific dollar amount, it can be split between them, unless the terms of the Renunciation specified differently. I suggest they contact a local attorney familiar with these matters (such as myself) and authorize him to look into the matter on their behalf. If their interest was a percentage, they are entitled to an accounting. If not provided, a Court proceeding can be initiated to compel its issuance. If you need any further information, contact me directly as ***************

Read more
Answered on 1/05/04, 11:23 am


Related Questions & Answers

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