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Bill, Enrolled Agent
Category: Legal
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Experience:  EA
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Aunt died in New Jersey in 2004, Had will, executor named

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Would you expand on your question as it was cut-off?

Customer: replied 8 years ago.
Aunt died in New Jersey in 2004. Her will was not probated. The named executor was not assigned by the court but carried out her wished as stated in the will. There was a distribution, incomplete, but no final summary, etc. Her sister paid a New Jersey inheritance tax on an estate less than $600,000.00 as well ad Mn. State and Fed taxes.
Is there some recourse, option, suggestion as to what we can do about any of this?

In NJ, the personal representative is required, within sixty days of probating the Will or taking out letters of administration, to notify the heirs at law, next of kin and beneficiaries in writing that the Will is probated, the date and place of the probate, the name and address of the personal representative and a statement that a copy of the Will shall be furnished upon request. A proof of mailing would be filed in the Surrogate's office evidencing the mailing.

You could notify the executor of the above procedures and advise that a complaint will be filed in Superior Court challenging the actions taken by the executor.



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Customer: replied 8 years ago.
The will names 3 beneficiaries, myself, my sister, and the executor, her nephew. We received notice in Nov. 2004 that the will had been admitted to probate and received a copy of the will.
We were recently told that the will was probated in New Jersey. A letter was sent to Hudson Co. where she resided, they referred us to Essex Co. but they have no record of her estate. My sister and I were given a disbursement in March 2005. In April 2007 we each received a "final disbursement", My final was minus money my mother owed as interest in her inheritance. We would like a total of what was collected or spent and balance remaining if any.

The executor should be the person who could provide the accounting. If he said it was admitted to probate, ask him why there is no record of this at the Surrogate's Court in either county.



Customer: replied 8 years ago.
The forms may be helpful. But I have already gotten a response from Essex county. So far no follow up response from the executor. Is there a time limit on any legal action, ie: 2004 tto 2008?

Any statute of limitations should begin at the period when the estate was closed. If the executor committed fraud then the statute of limitations in NJ is 6 years.


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