Legal Question in Wills and Trusts in New Jersey

disbursment of estate

My sister was named executor of my mother's will. Does she have a legal obligation to provide me as a beneficary a verifiable accounting of the estate or submit any proof of accountability in her distribution of the estate? My mother lived in New Jersey and my sister lives there. I live in Florida .


Asked on 3/31/07, 12:15 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: disbursment of estate

This kind of dispute happens fairly often. When I handle one like this, I first contact the executor (or executor's lawyer if there is one) and I ask nicely for a listing of all items in the Estate, and a statement as to what the Executor has done with the items.

What happens after that depends on whether the Executor will cooperate and explain what the Executor has done.

If you need to, you can ask the Court to force the Executor to do this. That costs money, so you try at least at first to get her to cooperate.

I would be happy to assist you.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will discuss this with you; a brief telephone consultation will be free.

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.

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Answered on 3/31/07, 2:31 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: disbursment of estate

First, you should ask for an "informal" accounting. The executor will give you a listing of the income and expenses. If it appears correct, you should accept it.

If you disagree with the Informal Accounting, you can hire an attorney to force an accounting in court. The problem with a formal accounting is the estate will pay a lot of money to the Surrogate for fees as well as fees for the attorney for the estate. This route should only be taken if absolutely necessary because it is better to have money in your pocket than the court's.

I hope this helps!

Ron Cappuccio

www.SaveYourEstate.com

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Answered on 3/31/07, 7:47 pm


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