Legal Question in Wills and Trusts in New Jersey

executor of an estate

Can an executor of an estate hold your share of your inheritance that was left to you in a will by your mother until he received a notarized ''Releases and Refunding Bond� ? He is saying when he receives the ''Releases and Refunding Bond� he will then mail me a check�


Asked on 7/29/07, 9:00 am

2 Answers from Attorneys

Robert J. Lenahan, Jr. Robert J. Lenahan, Jr.

Re: executor of an estate

Yes, in fact probate laws require executors to have beneficiaries sign such documents before a final distribution is made. It may seem strange to have to sign a document acknowledging receipt of all a beneficiary is entitled to, when in fact, the beneficiary has not. But this is the way it is done. No executor will be able to avoid making that payment just because a beneficiary has signed something that says he or she has received everything. The actual payment would never be provable regardless of the release.

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Answered on 8/01/07, 5:00 pm
John Corbett Corbett Law Firm LLC

Re: executor of an estate

Yes. It is the appropriate procedure for estate administration.

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Answered on 7/29/07, 9:52 am


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