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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36982
Experience:  Texas lawyer for 30 years in Estate law
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I have a copy of the will that is 8 years old and the will

Customer Question

i have a copy of the will that is 8 years old and the will was probated. How do I find out how much the person in the will received?
The details is this I'm going to court a week from this Friday. I'm trying to prove that the inheritance she received was enough to cause change in life style and maybe i could get my alimony reduced or eliminated
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Here you contact the Surrogate Court where the person deceased.You can get copies of final accounting--this should show what she was paid or inherited if it was real estate..

https://www.judiciary.state.nj.us/directory/surrogateroster.pdf

They should be able to expedite this information for you if you tell them when you need it say overnight mail.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.

If the Personal Representative wants to receive compensation for his or her services, a petition for fees should also be included in the petition for final distribution.

A final account does not have to be filed if all the persons entitled to distribution of the estate sign a written waiver of account or a written acknowledgment of receipt of their share of the estate.

Look for final accounting or signed receipt for what she got here.A certified copy would be good evidence.

Thanks again and good luck here.

Customer: replied 1 year ago.
Just to let you know I was there today and they could not help me, all I got from them was the will.
Expert:  RayAnswers replied 1 year ago.

Were you able to view the probate file.

Expert:  RayAnswers replied 1 year ago.

You are wanting to get either the final accounting or if they signed a receipt in lieu of final accounting then it shows how much.Also see if there was an inventory here--possible the funds haven't been distributed yet.But aqain inventory would show assets and what she would get depending on her share.

Expert:  RayAnswers replied 1 year ago.

This should be public record go back and ask to see the file.They usually have you sign for it or you have to view it where they can watch you.But again you have right to see it.

Expert:  RayAnswers replied 1 year ago.

More about viewing probate documents.

http://wills.about.com/od/How-to-Obtain-Probate-Records/qt/How-to-Locate-Online-Probate-Records-Dockets.htm

And you can call the ex as a witness and ask her under oath.

Expert:  RayAnswers replied 1 year ago.

NJ has state inheritance tax--you could seek copies of her inheritance tax return here too.

http://www.state.nj.us/treasury/taxation/pdf/other_forms/inheritance/itestate.pdf

Expert:  RayAnswers replied 1 year ago.

You can subpoena here --subpoena duces tecum to bring all records pertaining to her inheritance from .....including but not limited to state estate tax returns, cancelled checks, etc.

Expert:  RayAnswers replied 1 year ago.

You get subpoena duces tecum from court clerk and serve it on her..

https://www.judiciary.state.nj.us/civil/forms/11010_subpoena_ducestecum_cp.pdf

Expert:  RayAnswers replied 1 year ago.

Self help with instructions.

https://www.dechert.com/files/Uploads/Documents/Litigation/Drafting%20and%20Issuing%20Subpoenas%20New%20Jersey.pdf

Don't give up here there are several ways to get at this information , you can subpoena it if you have too.

Thanks again for the follow up.I appreciate the chance to help today.

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