Legal Question in Wills and Trusts in New Jersey

If a person is intentionally omitted from a parent's will and the executor decides to give a distribution to that person is that considered as a gift or an inheritance as the omitted person has a bankrupcy pending.

Asked on 12/13/11, 11:06 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.
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If the recipient was intentionally omitted, why was a distribution made in the first instance? Was this approved by all heirs or was the decision made by the Executor unilaterally? In any case, it is probably considered a gift, not an inheritance.

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12/13/11, 12:54 pm
Michael Duffy Duffy Law, LLC
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That shouldn't be permitted, unless there was some other agreement among the heirs. The executor must simply follow the instructions of the will and get in serious trouble for playing around - they're acting under the supervision of the surrogate's office. If it wasn't inherited from the estate, but rather the estate gave funds to another individual without any consideration in return, that would likely be seen as a gift for tax purposes.

If you would like to discuss your matter further over a free phone consult, feel free to contact me at your convenience.

Regards,

Michael J. Duffy, Esq.

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

mduffy@mduffylaw.com

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

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12/13/11, 1:12 pm

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