Legal Question in Wills and Trusts in New Jersey
Money found after 20 years
My parents died 30 years ago. Everything was placed in trust with my uncle as executor until I became an adult when I got my share and I thought all was settled. Now, 20 years later with my uncle on death's door, his caretaker has come across records indicating a substantial portion of money that was never divided among the beneficiaries. Aside from the usual how could this have happened, do I have any claim against either my uncle or our family lawyer? Both were seemingly in over their heads at the time. My uncle, I can understand, he's unsophisticated. But I would think the lawyer had a responsibility to seek a specialist to find and put into trust all money from my parents' estate. How can I find if there is other money out there or what this new money earned over those 20 years?
2 Answers from Attorneys
Re: Money found after 20 years
To help you, I would need more of the facts. Where was the estate (NJ or WA)? What kind of "property" is involved? Why was it just now discovered? Was the executor/trustee hiding something or was he simply unaware? You probably have a claim against your uncle (do you really want to sue him?) but unless the attorney was a fiduciary, I doubt he had any obligation to look over your uncle's shoulder and be certain he invested the assets.
Re: Money found after 20 years
I can't really tell from your question whether you and/or the estate are in WA or in NJ. In either event, you really need to get your own lawyer to look into this situation and figure out what happened and where the money went.
You can call or write your County Bar Association for a referral to an atty who practices probate law where you live. Don't delay. I wish you the best.
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