New Jersey | Wills and Trusts
Legal Question
According to NJ Law
"Within 60 days after the date of the probate of the will, the executor/trix must mail to all beneficiaries under the will; the spouse, heirs, and next of kin to the deceased, a notice in writing that the will has been probated, the place and date of probate, the name and address of the executor/trix, and a statement that a copy of the will shall be furnished upon request. Proof of mailing shall be filed with the Surrogate within 10 days of the mailing date."
My stepmother was appointed executor of my fathers estate who passed away intestate. I was not personally given or mailed a notice in writing that the will had been probated. Also I am pretty sure that the Surrogate has no proof also because I was never given any documentation in regard to the estate being probated thus there is no evidence for the Surrogate to furnish such as a copy of a certified envelope with my name and address on it.
Also a refunding bond and release was signed by me but I had never received any assets that I was entitled to by NJ Intestacy Law. As I understand it a bond and release form is not required to be signed by a beneficiary and submitted to the Surrogate in order to allow the executor to pay the beneficiaries but as I also understand it is customary to sign this form before payment is made. So what happens when a beneficiary does not get his share in this instance?
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