Legal Question in Wills and Trusts in New Jersey

Estate Payout

My mother was listed as a recipient in a will from someone that passed away 19 months ago. She has yet to receive the money that was suppose to be given to her. The person that passed away was quite wealthy and besides his only child and grandchild the remainder of the recipients were charities. We finally receive a 'Refunding Bond & Release' form from them telling us to sign & return then they will mail us a check. It also states that if the estate needs the money back we would have to give it to them. Is that correct?


Asked on 1/04/08, 8:52 am

3 Answers from Attorneys

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

Re: Estate Payout

Signing the Refunding Bond and Release and then recieving your check is common practice. However, you may want to have an attorney review the document with you.

Also, if you are getting a cash legacy [as opposed to a % of the estate remainder] then you may also be entitled to some interest on your money, if the estate did not pay you within one year of the probate of the decedent's Will.

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Answered on 1/04/08, 9:02 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Estate Payout

Signing the Refunding Bond and Release and then recieving your check is common practice. However, you may want to have an attorney review the document with you.

Also, if you are getting a cash legacy [as opposed to a % of the estate remainder] then you may also be entitled to some interest on your money, if the estate did not pay you within one year of the probate of the decedent's Will.

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Answered on 1/04/08, 9:02 am
Walter LeVine Walter D. LeVine, Esq.

Re: Estate Payout

I agree with Jon that requesting a RB&R is standard practice and calling for a possible refund is also a standard part of this form. I also question, as you did not indicate, if your mother was to receive a specific bequest (fixed dollar amount or specific assets, like shares of stock) rather than a percentage of the estate? If the former, no interest is due, even if the payment is late, and if the latter, you should be provided some form of accounting to show the calculation of her percentage interest in the estate. If the decedent was wealthy, as you indicate, the delay could have been caused by the necessity to file either or both federal and state death tax returns and obtain approval that all taxes were paid. This can sometimes take a very long time to finalize. If you need more information, contact me directly.

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Answered on 1/04/08, 11:05 am


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