Legal Question in Wills and Trusts in Tennessee

Re: Receipt and waiver

1. Is this a NJ estate?

2. Is your sister the executor?

If the house was in your mothers name (check the deed) then clearly it is in her estate and would pass through her Will.

Do not sign any waiver or receipt until you have recieved an accounting from the executor and are satisfied that you will receive what you are legally entitled to.

I can be reached at 908-273-1212.

Re: Receipt and waiver

Under Tennessee law, the real estate is likely not included in the probate estate. The answer to your question, however, is highly fact dependent. The language of the will could change the approach to your question completely. You should consult immediately with a competent Tennessee attorney to determine if signing the receipt and waiver is appropriate.

Re: Receipt and waiver

As to New Jersey Probate procedure, if the house was titled in your mother's name at death, it would be considered part of her estate. If she transfered title before her death (as long as she was mentally competent) the house would not be part of the estate. Is the "receipt & waiver form" a Release and Refunding Bond - if so this is standard New Jersey probate procedure and would normally include your share of the estate, i.e. your interest in the real estate. Why you are told the real estate is not part of the estate concerns me. I suggest you determine why the real estate is not part of the probate estate before you sign a release and refunding bond and also found out why an accounting was not sent with this document.

For further information regarding estates/estate planning please see Tartalaw.com which will provide you with more detailed information as well as my address phone number, etc.