Legal Question in Wills and Trusts in New Jersey

If a person is intentionally omitted from a parent's will and the executor decides to give a distribution to that person is that considered as a gift or an inheritance as the omitted person has a bankrupcy pending.

Asked on 12/13/11, 11:06 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

If the recipient was intentionally omitted, why was a distribution made in the first instance? Was this approved by all heirs or was the decision made by the Executor unilaterally? In any case, it is probably considered a gift, not an inheritance.

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Answered on 12/13/11, 12:54 pm

Michael Duffy Duffy Law, LLC

That shouldn't be permitted, unless there was some other agreement among the heirs. The executor must simply follow the instructions of the will and get in serious trouble for playing around - they're acting under the supervision of the surrogate's office. If it wasn't inherited from the estate, but rather the estate gave funds to another individual without any consideration in return, that would likely be seen as a gift for tax purposes.

If you would like to discuss your matter further over a free phone consult, feel free to contact me at your convenience.


Michael J. Duffy, Esq.

Duffy Law, LLC


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Answered on 12/13/11, 1:12 pm

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