Legal Question in Wills and Trusts in New Jersey
Wills
My father-in-law had been the executor of his father's will 15 years ago at the time of his father's death. Now, today (15 years later), two estranged family members are claiming that they did not receive a distribution from the estate to which they were entitled (total amount of $2500). My father-in-law is searching his records for proof of the distribution. Is there a statute of limitation that would apply barring the two family members from pursuing such a claim so many years later? The claim is not currently being pursued through the courts. If it is, what burden of proof would be placed on my father-in-law in this situation?
2 Answers from Attorneys
Re: Wills
Did your father-in-law file the Will with the Surrogate's Office and administer the estate? If so, and if the estate was advertised and notice was given to all heirs of the creation of the estate, your father-in-law may be protected.
Usually, distribution is made according to the Will, and the executor has all beneficiaries sign [before they receive anything ]a receipt, which includes an agreement to refund to the estate any distribution in the event that the estate is liable for additional charges.
Families may also agree to distributions by a written family settlement agreement.
If none of the above was done, your father-in-law may have some liability to the family members making a claim. However, they would have to go to court to enforce that claim. It probably will not be worth the legal fees and costs in order for them to recover $2,500. They would need to have a basis for the claim - e.g., the will left it to them but they never received it.
If the family members go to court, your father-in-law should consult an estates lawyer to assist him in defending against their claim.
Re: Wills
I generally agree with Miriam, that too much time has passed for a claim to be asserted/recognized, and that the costs may prevent this. Most estates do not advertise for creditors, and if this was not done, it might be a door opener. Did your father at least send them a Notice of Probate which is required to be sent to all interested parties, even if not named in the Will. If he did this, and they received it and took no action until now, this would probably bar a claim. Worst case scenario: They sue and get a judgment, and no assets remain to satisfy the claim, Dad uses the Release and Refunding Bonds from all people who received distributions, to contribute proportionately to the judgment.
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