Legal Question in Wills and Trusts in New Jersey
My father passed away last August - I was 18 at the time and my sister was 17. A friend of my dad is the executor for the will - my Aunt was to oversee for my sister since she was 17. The will was probated - we never received a copy until last month after numerous times of requesting it. I have also requested accountings and have not received it. I have heard from other friends of my dad that there was a car that was suppose to go to my sister, money, etc. The first month after my father's death I contacted the executor and he said he had sold everything without my knowledge or even letting me see anything. Has not given my Aunt any information. I would like to have a lawyer represent myself and my sister and get what we deserve. I don't think my father would have had a will drawn up to leave us with nothing. What can I do? Can I file criminal charges against the executor? I have contacted the NJ Bergen County courts and was told they could not help me.
3 Answers from Attorneys
What does the Will say....what were you left??
Mike Berman
What do you get under the Will? If you are supposed to get something, then you are entitled to action from your dad's friend.
Take the Will to a lawyer if you want some help.
Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. 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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Criminal charges are not the proper solution, nor do they seem warranted here.
What needs to be done is to file for an Order to Show Cause in Probate Court to compel the Executor to provide an ineterim accounting. However, if you hire an attorney he or she may be able to negotiate with the Executor's attorney to obtain this information voluntarily.
If the Estate is probated in north Jersey, call us if you need more information or help.
973/661/3400
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