Legal Question in Wills and Trusts in New Jersey

Stipulations in will

I am the Executrix for my father's estate. My brother is the Co-Executor. One stipulation of the will was that we give his TV and DVD/VCR player to whichever grandchild needed it the most. We did that - or thought we did. Now I found out that my bother (my neice's father) took that TV and gave her one of his. Can I - as executor - file a claim or have recourse to see the stipulations in the will are - indeed - carried out?

Asked on 7/19/07, 4:47 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.
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Re: Stipulations in will

Usually decisions like this are made by both estate representatives. You do not say is your niece was or was not the "neediest" or someone else was. Is the value worth fighting over? Litigating this issue, which you have the right to do, may be more costly than the value of the property. Maybe there are other issues still to be resolved in which this decision can become a factor. Or, maybe some financial settlement can be negotiated. These latter suggestions will not cost fees and may be a way to respove this dispute.

Maybe you should have the estate attorney, if there is one, mediate this.

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7/19/07, 5:58 pm

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