Legal Question in Wills and Trusts in New Jersey

Is it legal for an executor of a will to sign blank checks for distribution of assets? Especially if the Executrix or Executor is elderly


Asked on 8/11/10, 9:53 pm

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I don't know if it's "legal" but it certainly is not very prudent. In any case, the executor is liable for any improper distributions that were made on his/her watch.

Read more
Answered on 8/17/10, 6:05 am
Robert Davies The Davies Law Firm, P.A.

What? handing out blank checks? that is crazy. No executor should hand out blank checks.

Alright, you have my attention. Something is really wrong here. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 8/17/10, 6:48 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other responders, that while not illegal, it is both imprudent and improper. Has this been done for all heirs, or are you the only one who has received this check? This just may have been an oversight, ot it could spell real trouble/problems if more than one check were done this way. If there is an attorney for the estate. I would promptly contact him/her and advise what has taken place, and send them a photocpoy of the check. I would also suggest that you get something from the attorney, in writing, allowing you to complete the check by inserting the amount you were to receive. If there is no attorney, I suggest contacting the Surrogate where the appointment took place, explain the situation and it may be appropriate to have the Executor replaced. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Read more
Answered on 8/17/10, 12:20 pm


Related Questions & Answers

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