Distibution time frame

[cjack]

What is the name of your state? New Jersey

It has been 6 months since last post and will is "still" in audit at the state (NJ) Inheritance Tax dept. Actually 1 year since it got there on someones desk. I call Exects lawyer who is handling the will and all they tell me is that it "takes a long time, and will be in touch". I am one of three benificeries on my Aunt's estate. The exect was also the POA . Do you think there is something wrong why it is taking so long for this will to be distributed? My Aunt passed away 5/05, had a will, house which POA sold. Seemed all i's were dotted and t's were crossed as far as the will went. Inheritance tax paid 11/05. So what's the deal? Time for me to get someone who will represent me and get some answers? I did receive yearly accounting of aunt's monies and how it was spent while she was alive and in a nursing home, but to me alot of money was spent on foolish things she didn't need. She had Alzheimer's very bad. Do you think the State auditor saw that and is investigating the POA and her spending? I'm at wit's end and don't know what to do. Please advise What is the name of your state?

 

[Dandy Don]

You may need to get your own attorney, but first, visit the county courthouse probate court and look at the probate file to see exactly how the estate has been handled up until now.

The POA expired when the death occurred (and executor may or may not have known that), so you or your attorney will need to look at the decedent's bank account statements to see if any withdrawals were improperly done AFTER the death occurred. Let's hope that all monies are properly accounted for with receipts, because if executor kept some monies for himself that is abuse of POA and he can be prosecuted for that. Your attorney will also need to look at the date that the decedent was diagnosed with or suffered from Alzheimer's--if the will was written during that time period it will be invalid and you need to decide if you want to contest or ask for it to be thrown out of court.

Executor may possibly be hiding his misdeeds/theft from the estate and doesn't want anyone to find out. At some point you will at least need to consult with an attorney to figure out your options.

DANDY DON IN OKLAHOMA ([email protected])

 

[cjack]

Distribution of Estate

Thanks Dandy for you're response. Just spoke to Surrogate's office and will was probated 6/05. The clerk told me to file "motion to compel" with an attorney or can do it myself. Any advise on that and can you explain what that does?