Simple (yet boring) estate question

[Brooke Wilde]

My grandfather passed away in October 2013. He split everything 50/50 between his 2 sons and made my dads brother the executor of the will.

The last time my dad heard from his brother was in December of 2013 and he told him that the estate will be finalized by late May or early June, well here it is mid-August and my uncle has made no contact with my dad what-so-ever.

My dad and his brother have no relationship at all, so they never talk and I am getting concerned that my uncle may have something shady up his sleeve.

I told my dad to directly call the estate attorney himself and find out what is happening, so he did that, but all the estate attorney would say was that my dad needed to call his brother, well my dad has been calling his brother, for over 6 weeks, and he is simply avoiding my dads calls.

Can one of you wonderful legal eagles out there tell me what options we have?

I thought the estate attorney could divulge information to my dad since the will is split 50/50
between him and his brother, but the way the attorney is making it seem, he can only divulge information to my uncle?

Thanks in advance for your time and replies,
Brooke

[Cpalmson]

Your dad needs to hire his own probate attorney. I know that sucks, but getting another attorney involved to protect your dad's interests is really the only recourse available-- especially if you think shenanigans are involved at the other end.

[Unique_Carpenter]

Perhaps see if there's any publically available documents that have been filed with the probate judge at whichever court house.
And your assumption about why the atty will not talk to your dad is valid.

[Brooke Wilde]

Thanks gents.

All of this is taking place in NJ. My grandfather had his will drawn up in NJ, he passed away in NJ and both my uncle and the attorney are in NJ, while me and my dad are in TX.

Don't know if that makes any difference, but I thought I'd mention it.

[Unique_Carpenter]

Most NJ Probate/Surrogate County Courts are on-line.
And, I have a few NJ attys on file.
Just need the "county"
PM if you wish.

[jframe2]

In most cases the attorney that drew up the will (I presume this is what you mean by "estate attorney") is legally prohibited from divulging information related to the execution/terms of a will other than referring the questions to the Executor, since you have one in this case.

It can be maddening in cases such as yours, unfortunately.

The advice given previously is pretty accurate, start with your local probate clerks and see if anything has been filed. These are public docs and can be requested by anyone.

I have had some personal experience in this area (family members not talking and being across the country), and I would say that if you can not find anything on file ( and check all possible county offices where the will might be filed) send registered mail to the estate attorney asking for an "accounting" be provided by the Executor. In most cases this may get the ball rolling.

Hiring your own attorney, local to the area of the Executor, is a possibility if you feel it is worth it.

Good luck ....

[Golfcart]

Go to the probate clerk at the courthouse and ask to see the official file. Then ask the probate clerk to explain the documents found inside the file using layman's terms. Note if the file shows that the executor posted a fidelity bond.

Then ask the probate clerk to note and explain anything that should be in the official file at this point that's not there. That could lead to the probate clerk getting the judge to order the executor to file an interim report and accounting plus an explanation why the estate is not yet postured for a final account.

[Unique_Carpenter]

Duplicated, opps, need coffee.

[Unique_Carpenter]

Golfcart:
Did you miss the part where Brooke and her dad are in Texas and the case is in NJ?
Thus, online look-up is the only quick reference. My concern would be if the case is actually filed. Which would be seen, or not, depending on if that particular NJ county is on-line with that data. Once filed, there's a judge involved.
Everyone above does suggest trying to obtain copies of the publically filed documents.
Every state/province where I've seen this stuff has a requirement for an "accounting". However, some states only have a requirement for a "final" accounting, not interim ones. Note that only beneficiaries will receive it. And, depending on the state, sometimes the "accounting" or the will, or other documents, that end up in public record copies have data redacted. Last, if there's real estate or other assets that need to be sold, more often than not, that sales process can take a while.

[Audrey Astor]

It is a freaking nightmare when the will/estate are in one state and you are in another. I would let Unique Carpenter try to get you some names. If your uncle was court appointed the Special Administrator instead of it being appointed joint administrator, that may be your problem. Hence your dad needing his own attorney.

Dealing with estates only goes to show how many really incompetent ignorant people there really are out there. It's depressing.

If anyone knows a good estate Attorney in Denver, I could use the name. I have not been successful is finding one I'm comfy with.

[Unique_Carpenter]

Only have a real property atty in Colorado on file.
But yes a few various in NJ including a couple estate attys. Northern NJ though.
An entire shiver of various sharks in my neck of the ocean.

Primary item is explore on-line to applicable courthouse to see if a case is open. If open, perhaps a bit of comfort, as there's a judge, and procedures will be followed. And repeating the mantra, try obtain copies of public documents. Once at this stage, then a cost/benefit decision of your own atty. However, note that any expenses that the uncle incurs to "defend" the probate estate, most likely will become expenses of the estate, thus reducing the final payout.

[Golfcart]

Originally Posted by Unique_Carpenter

Golfcart:
Did you miss the part where Brooke and her dad are in Texas and the case is in NJ?
Thus, online look-up is the only quick reference.

Yes, I missed knowing Brooke and her dad are in a state remote from where the estate is pending. I read Brooke's initial post only and jumped straight to my reply.

Brooke needs to call the probate clerk at the county seat in NJ where she thinks her grandfather's estate is pending. That should be the county where her grandfather was a resident on the date of death. Give the clerk her grandfather's full name and date of death. Ask the clerk if an estate is pending. If so, ask for the case number and write it down. Also ask an estimate of the cost to copy the case file and mail it to her her (that's the contents of the file folder) and the court's docket sheet. Brooke can send the clerk the funds to receive those papers. With a small cost Brooke and her dad can take the file to an attorney local to them to make sense out of the situation.

Yes, she can save the copy cost if the entire file is on line. In most cases only the docket sheet is on line. A docket sheet would not be meaningful other than confirm that an estate is open at the court house. Brooke would still need the file to find out what happened. An attorney local to Booke experienced in estates with a copy of the entire file could answer every question Brooke asks. As always, there are questions we ask and questions we don't know to ask. Hence, there is no substitute for the court's file.

[TexTushHog]

Where in NJ?