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  1. #1
    Join Date
    Apr 2010
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    2

    Default Administrator of Trust Holding Up Funds

    My question involves estate proceedings in the state of: NJ
    Mother died 5 years ago leaving a home in Florida in a trust, which has been sold, and a will which includes property in NY State. There are 3 grown children in the will and trust including the executor of the will and trust. The will has been probated in NY and all the paperwork that the executor sent to the other 2 beneficiaries have been signed and are sitting in our lawyers office in NY State. We did not want to release the paperwork to the executor until the checks are in the hands of his lawyer. All the beneficiaries live in NJ, and the executor has a lawyer in NY State for the land and in NJ for the trust. Our lawyer in NY State says he has called the lawyer in NJ and has not heard back. We do not speak to the executor, and don't know what our next step is to get this moving so we can get our money, it seems the executor is holding on to it to spite us.
    Our lawyer in NY is no help.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Administrator of Trust Holding Up Funds

    Apparently the executor has requested that you execute certain documents before the money is distributed, you prefer that the money be distributed before you sign the documents, and hence you have an impasse. You have a lawyer working on this, so the best person to ask about how to get past the impasse is your lawyer.

  3. #3
    Join Date
    Apr 2010
    Posts
    2

    Default Re: Administrator of Trust Holding Up Funds

    All the documents the executor requested have been signed and notarized and are being held by our lawyer in NY State. We did not want to forward these documents to the executors lawyer until the checks are in the lawyers hands that is handling the estate in NJ, because we feel the executor will not distribute the money. He once said if we get a lawyer he will make us take him to court and let the lawyers eat up the estate. Our lawyer in NY State has sent the lawyer in NJ copies of all the signed documents, and said he does not know what the hold up is and has tried to call the lawyer in NJ, but the lawyer has not returned his calls. Our lawyer also said that he does not know the laws in NJ regarding the trust. Our part of the estate is 40K, not a large amount, but my husband has been out of work for 2 years so we hate to get another lawyer in NJ, but if that is what we have to do we will do so. We don't know what our next move should be to speed this along?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Administrator of Trust Holding Up Funds

    Apparently the executor has requested that you [return] certain documents before the money is distributed, you prefer that the money be distributed before you [return] the documents, and hence you have an impasse.

    Your lawyer remains the key person to speak to about the impasse. If your lawyer does not feel comfortable advising you about the matter because it arose in New Jersey, consider consulting a lawyer in New Jersey.

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