Father's Estate

My Dad passed away with no will in New Jersey. We appointed my brother,who is a lawyer, as the Administrator. Now he doesn't talk to anyone. He distributed the Estate among the seven children in the familiy in August of 2000. He sent a Refunding and Release Bond for everyone to sign. He said that was just in case any expenses should arise after the close of the Estate then we all we be responsible for our share. Question: Is that normal practice and since my father died in September of 1999 shouldn't all expenses be taken care of already? He also withheld $10,000 which is supposed to be distributed this month. He said that was for Fiduciary estate taxes and any outstanding debts that may arise. Is that also standard practice and how can I make sure he isn't keeping a little extra for himself.

[Edited by Angel7997 on 02-06-2001 at 02:46 PM]

FEB. 7, 2001

DEAR ANGEL:

Everything this executor has done is standard practice. One can never predict what future expenses might possibly arise in an estate, and this is a way of being prepared. Put yourself in his place: how would you like to be responsible for paying a bill and suddenly there was no cash on hand?

All you can do is wait for the estate to be closed, at which time all of the financial documentation will be placed in the probate file along with the will at the county courthouse, which anyone can review.

Don't be suspicious until there is reason to be. You may want to tell him that there are specific deadlines that fiduciary taxes are due, and "when do you expect that the tax return for those fiduciary taxes will be submitted, or when do you estimate that the estate will finally be closed?".

SINCERELY,

[email protected]

I am not being suspicious, but according to other people that have been through a similar experience, any expenses should have been long taken care of a long time ago. Dad died in 1999. That is why I was wondering. Our family wanted an attorney to avoid any problems, but he insisted on taking on this responsibility so we let him.

DEAR ANGEL:

Everything this executor has done is standard practice. One can never predict what future expenses might possibly arise in an estate, and this is a way of being prepared. Put yourself in his place: how would you like to be responsible for paying a bill and suddenly there was no cash on hand?

All you can do is wait for the estate to be closed, at which time all of the financial documentation will be placed in the probate file along with the will at the county courthouse, which anyone can review.

Don't be suspicious until there is reason to be. You may want to tell him that there are specific deadlines that fiduciary taxes are due, and "when do you expect that the tax return for those fiduciary taxes will be submitted, or when do you estimate that the estate will finally be closed?".

SINCERELY,

[email protected] [/B][/QUOTE]

FEB 7, 2001


You really do need to check at the county courthouse to see if this Last Will & Testament/Probate file has been closed, and whether there is any documentation in the file relating to the $10,000.

You are right about the time factor, and it does seem as if the estate affairs should be finished by now, even the "fiduciary taxes". If the estate has not been closed yet, you need to consider writing a letter to the probate court judge informing him of this and that you are interested in having a hearing about the $10,000 before the court so that the executor can explain his actions in that matter.

[email protected]

Unfortunately, my father passed away without a will. Should I wait and see if he distributes the $10,000 fairly? If I wait and he does not distribute it and says it went towards taxes or some other bill can I address the court then or will it be to late? There is also some other monies that we were waiting to hear about such as my father's pension.

FEB. 14, 2001

Even though there was no will, you really do need to check at the county courthouse to see if an "Administration of an Estate" was filed instead of the will. That is what happens when someone in his family was probably named "Personal Representative" (instead of an executor) to handle the father's outstanding debts, funeral expenses, taxes, etc., and most financially related paperwork regarding that estate is still filed with the probate court just like a regular will. You could still check to see if the $10,000 is still mentioned there.

Since he has made a distribution, the estate is most likely closed.

If I were you, I would wait to see how he handles the $10,000. Right now, the ball is in his court and it is possible he is telling the truth. If after a couple of months (3-4) he is still stalling about this, then write a letter to the probate court to explain your concern and perhaps the judge will ask him about this matter, since he apparently doesn't want to be forthcoming about it. Maybe ask the judge if these funds should be put in the hands of a neutral third party, such as a trustee (bank) account.

[email protected]