Odd Executor and Probate/Renunciation Problem

[The Bishop]

What is the name of your state (only U.S. law)?
NJ

Have an odd situation dealing with my Mother's passing, the Executor (my sister). and Renunciation.
Trying to make a long story short.
Mom passed away a year ago, my sister is the executor of the will.
Not much to distribute, some money in several accounts.

Sister has been completely incompetent, to date have not seen a single statement, a will, nothing.
6 months in, after considerable prodding, she said she could not get the will probated as she only has a copy and the lawyers lost the original??
Does the lawyer even hold the original?

Anyway, as we are not dealing with major money, and she can't seem to probate the Will with a copy, in order to release the funds in the accounts, she asked us to sign a Renunciation, leaving her to administer the money as there is no property.
So in Dec of 2011, she released $8,600 to myself and my brother, stating that there is another account which she plans to pay for a tombstone with (no tombstone after 6 months!)

In March, after more prodding, she said she finally got a tombstone ... go there.. no tombstone.
April ... more prodding .. said she purchased the stone, and has an additional $3,400 to distribute to each me and my brother.
** she also texted this statement with the amounts promised and due, so that is the only "concrete" thing I have.

We still have not seen the original will or any paperwork whatsoever, no account statements, nothing. Her claim is the Will gives her 50%, and the two of us get 25%.
If so, fair IMHO as she was my mother's caretaker at the end.

Now, she claims that according to the will, her 25% x 2 distribution has already been met and does not owe us the $3,400.

My question is, does the Renunciation over ride the actual Will ... which we have never seen?
And if so, would she be bound to here verbal agreement of $8,600 (paid), as well as her verbal and virtually written (its saved) promise of $3,400 (not paid)?

To date, we have not seen any paperwork, any expenses, any Will, and there still is no tombstone.

I'd hate to drag this into court, but its starting to become a matter of principle as well as the $3,400 she promised.

She is now trying to say that the Will's numbers have been met, but it was never probated nor given to us to see.
Does the Renunciation make the Will null and void and would she be liable for the $3,400 as well as the tombstone from whatever assets left?
Is this worth dragging into court?

 

[Zigner]

If there is no original will to work from, then your state's "intestate succession" rules should apply. I would suggest that you google the phrase, read up some, then come back with more questions.

 

[The Bishop]

If there is no original will to work from, then your state's "intestate succession" rules should apply. I would suggest that you google the phrase, read up some, then come back with more questions.

But there is a Will. She only has copies, lost the original somehow and thus cannot Probate the will.
Thus us signing the Renunciation, giving here administrative control to distribute the assets.
However, she stopped distributing and never even provided paperwork.

So in a way, intestate doesn't apply as there is/was a will, but was it absolved due to the renunciation?

 

[tranquility]

From the normal use of the term "renunciation", all you did was renounce your desire to administer the estate. Nothing more. The administrator must still go through probate. Here, probate seems to require intestate succession as there is no valid will admitted.

How are you using the term renunciation?

 

[The Bishop]

the exact wording on the renunciation is:
"next-of-kin of X

Late of County of Essex, State of NJ, decesaed, do hereby renounce all right and claim to administration of his/her goods/ chattels, and request that administration be granted to: X (my sister)

Then signed and notarized.

 

[rentalblind]

the exact wording on the renunciation is:
"next-of-kin of X

Late of County of Essex, State of NJ, decesaed, do hereby renounce all right and claim to administration of his/her goods/ chattels, and request that administration be granted to: X (my sister)

Then signed and notarized.

I am not an attorney but I have been doing research on probate and Please wait for someone else to confirm or suggest otherwise but Find out if your able to get your sister removed as executor. The clerk in a nearby county to essex told me that there is no timeframe to file for probate in NJ (they are not allowed to give legal advice so that needs to be confirmed) and that a person can wait forever... Another poster on my thread said that a will means nothing unless it is validated by the Court. The scenerio you presented, 50/25/25, does sound fair like you said considering the care given and it appears as if your not disputing that. You are just not satisfied with her handling and maybe the surrogates court will agree and remove her. Worth looking into I suppose... She may have a duty to account for the expenses etc...