Is jewelry tv's and clothes considered probate items for the beneficiaries

Asked over 5 years ago - Fort Lee, NJ

my sister never gave a final accounting or decree of distribution to any of the beneficiaries

Attorney answers (1)

  1. Barry J. Dubrow

    Contributor Level 12


    Lawyer agrees

    Answered . Tangible personal property is a probate item, but usually the Will lists exactly to whom it should pass.

    There is not always a need for the exepense of a formal accounting, especially for more simple, smaller estates. If you are a beneficiary, you can petition the Surrogate's Office to force the issue or just threaten the executor of your intentions, but it's a big hammer you have which usually isn't worth the expense, so swing gently, because usually, ultimately, executors will be forthright with information to the extent that you need it.

    If you're having significant problems with the executor, and the argument is over significant assets, then seek local counsel for ideas in how to proceed.

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