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In N. J. is it the probate courts responsibilty to show documentation of the estate if the Executor has not shown the heirs any?
Toms River, NJ
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Posted 26 days ago in Probate
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Our step-mother has for 4ys. hidden our fathers estate financials. He did not leave a will. She recently was forced to probate court to file and take a bond out. We the heirs 2 months later have not seen the finanicals of the estate or received compensation. The court rep. said the case has been satisfied since she came to court to file. That doesn't seem right. We still are left in the dark. shouldn't the court send us finanical documination and force her to release the funds to the biological children in a timely matter .What are our rights? By the way we have good reason to suspect that the court rep. is a personal friend to our Step-mother. (the executor) Could this compromise this case?
Answers (1)
Edward Joseph Smeltzer II
This attorney is licensed in New Jersey and 2 other states.
Posted 26 days ago.
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NJ probate is unsupervised so the court does not on its own motion do anything. If a party feels they are being mistreated or that the administration is not proceeding as required it is on that party to file a complaint and commence a suit in Superior Court. One thing you can do is request a copy of the administration petition and bond to see how much is passing through the intestate proceeding in order to judge how far you want to take things. Since you and your siblings are beneficiaries it is unlikely the bond will be released without either a hearing on the matter or your signing off on a final accounting.
Very truly yours, Ed Smeltzer NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. |
