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I have an estate problem. The Estate is in New Jersey. There…

I have an estate...

I have an estate problem.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

The Estate is in New Jersey.

Lawyer's Assistant: Has anything been filed or reported?

There is an executor and co-executor of the estate. My brother is the other executor. There was a will stating the distribution ratios. My brother felt he wanted it all. I wanted the will to be distributed as stated.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I was sent a releasing bond and I refused to sign it, because the distribution was not reasonably in accordance with the will. The law firm for my brother distributed it anyway without my signature. What can I do?

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Answered in 2 minutes by:
7/18/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,661
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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You can file a formal objection with the probate court judge that is overseeing the estate and ask him for a hearing on the matter to see if the distributions will be in compliance with the directives stated in the will..

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But if there were specific ratios stated, like A gets 25%, B gets 50% and C gets 25%,....then there really isn't any way that the will could be interpreted to mean that A gets 100%...

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thanks

Barrister

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Customer reply replied 10 months ago
The estate funds were in a trust fund. My brother had his attorneys (attorneys for Douglas Losche) and they were going to get the bulk of the estate funds. My sister was designated to receive 40%. My sister is mentally retarded (IQ 61) and the attorneys through motions with the judge was able to get all of her share plus excess expense from the shares of the remaining two beneficiaries of the estate. The judge assigned an attorney to my sister (who had no clue why) and had her sign a reversal of a previous assignment of inheritance to me. The problem here is that a mentally retarded individual cannot enter into a valid contract. The judge approved this invalid motion signed by my sister. All I want is that the will is honored in the ratios set in the will: 30%, 30% and my sister to get 40%. I would like my sisters share to go into a special trust fund for the benefit of Katherine Losche. This would be controlled by her guardian.

Brother shouldn't have been able to increase his gift over what the trust documents actually state.. If your sister was to get 40%, then that money would need to go into a special needs trust for her benefit or into an account that her legal guardian, as appointed by the probate judge, would oversee for her on her behalf.

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But if she is mentally impaired so as to be incompetent, she couldn't have assigned her inheritance over to you in the first place.. So that action by the judge voiding that assignment is proper.

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So who gets control of her funds depends on who is appointed as her legal guardian if she is unable to care for herself.

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thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
I agree with you that her assignment to me in the first place was not valid, however her impairment was not yet established by the court until I had her evaluated by the Dept of developmental Disabilities. In any event two wrongs don't make a right and the judge still approved an invalid motion. Although this is not really relevant since all I wanted was to get her money away from those that were trying to take it from her and get it into a trust for the benefit of Kathy Losche only. All I wanted was for the will to be honored as it was written. I am the co-executor and should have been able to assure that the will was distributed as it was stated. Kathy's guardian does need to control her money because Kathy is not capable of doing so. But, they took it all from her in legal fees and actions that my brother's attorneys took against her. Her guardian ad litem, not understanding that she was mentally retarded, and target a diagnosis of mental illness, wrongfully imprisoned her in a mental institution for six months, forcing medication on her that were not appropriate for her condition.

I am sorry to hear that her appointed attorney didn't investigate her conditions further so that she could be properly cared for..

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And if you refused to sign the release, that just means that the judge has to have a hearing and make the final decision about whether to release them or not. It doesn't mean that it can't still happen, it just doesn't happen without a fight.

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But at this point the only thing that you could do is file a formal objection with the judge and ask him to revisit the matter about sister's money and where it should go and under whose control it should be placed. However, that means more legal fees and attorney costs to eat up more of the money..

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Barrister

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Customer reply replied 10 months ago
Thank you very much. You have clearly answered my concern.

You are very welcome. Happy to help any time, even though the news was kind of lousy..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,661
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
Ask your own question now

Thank you very much for the positive rating and generous bonus, it is greatly appreciated!

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Have a great afternoon!

Barrister

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Category: Estate Law
Satisfied Customers: 41,661
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