Estate Law

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My sister after judge ruled on probate now she decides she…

Customer Question
My sister after judge...

My sister after judge ruled on probate now she decides she didn't agree with decision what do I do now to distribute to beneficiaries

Lawyer's Assistant: Estate laws vary by state. What state are you in?

NJ

Lawyer's Assistant: What documents or supporting evidence do you have?

My lawyer has all paperwork. We went to probate and judge settled she agreed nowshe changed her mind

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

She won't sign release form

Submitted: 8 months ago.Category: Estate Law
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Answered in 1 minute by:
11/12/2017
Estate Lawyer: Jessica B,
 replied 8 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,641
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed probate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

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Estate Lawyer: Jessica B,
 replied 8 months ago

An estate can be closed in one of four fashions: (1) the mere release of funds by the Executor or Administrator to estate beneficiaries; (2) the release of estate distributions to estate beneficiaries after the execution of a Release and Refunding Bond upon which there is a waiver of any form of accounting; (3) distribution to estate beneficiaries after said estate beneficiaries execute a Refunding Bond and Release upon submission of an informal accounting; and (4) an Order obtained by a Court of competent jurisdiction after a Verified Complaint and Order to Show Cause are filed for approval of an Executor’s or Administrator’s account.

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Estate Lawyer: Jessica B,
 replied 8 months ago

Theoretically, it is possible for an Executor or Administrator merely to make distributions to estate beneficiaries with no paperwork whatsoever. However, an Administrator would typically not be discharged by the Surrogate’s Court unless Refunding Bonds and Releases are signed and filed.

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Estate Lawyer: Jessica B,
 replied 8 months ago

A formal accounting is filed when the Executor or Administrator is unable to obtain Refunding Bonds and Releases from all beneficiaries notwithstanding good faith attempts to obtain same through the use of an informal accounting. In this event, the only way in which an Executor or Administrator can be discharged from his/her duty is to obtain a Court Order. In order to do so, the Executor or Administrator must file an Order to Show Cause along with a Verified Complaint for approval of accounting. At the very least, the Verified Complaint will seek an Order from the Superior Court (Chancery Division/Probate Part) (a) approving the Executor’s or Administrator’s account, (b) approving the legal fees and costs incurred; (c) approving the Executor’s or Administrator’s commissions; and (d) discharging the Executor or Administrator from any further liability from the estate or its beneficiaries. In the case of intestate administration, the Complaint should also see that any surety bond be discharged upon distribution to the estate beneficiaries.

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Estate Lawyer: Jessica B,
 replied 8 months ago

You are able to close the estate even if she refuses to sign the Waiver.

Ask Your Own Estate Law Question
Estate Lawyer: Jessica B,
 replied 8 months ago

I have not heard back from you. Was this information helpful?

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