QUESTION
Disproportionate bequest of assets in my father's will
Asked on Jun 18th, 2014 on Wills and Probate - New Jersey
More details to this question:
My father died 3/27/14 in New Jersey. His 2008 dated will was probated April 8. My half-sister from his second marriage to my late step-mother is the executrix. I live in Virginia and didn't receive a copy of his will until June 16, and only after reminding the executrix on June 9 that I had not yet received it. From what I know of Dad's affairs, his estate is worth roughly $1.4 to $1.6 million, and consists of mixed assets; real estate, bank accounts, CD's, and stocks. My bequest was $30,000 from CD's, with the executrix getting the balance of the estate. In June 2013, Dad told me he was going to divide shares of a stock between the executrix and myself, a stock I had no prior knowledge of. But there was no mention of it in the will, nor any known codicils. I'm having a sit-down with the executrix next week to discuss this inequity. If she won't "do the right thing" and share the stock with me like Dad wanted, is there any recourse left to me other than contesting the will?
1 ANSWER
2 Awards
when you sit down with the Executrix, ask for an accounting of ALL estate assets, not just what passes through the will. Is there a possibility that the stock account you mentioned has a beneficiary designation and will pass to you outside of the will? Are there other assets, such as life insurance, or retirement accounts that name a beneficiary that you could be receiving? If not, and you choose to challenge the will, keep in mind that the challenge has to be something that relates to your father's mental capacity at the time he signed the will. The allegation that it is inequitable is irrelevant as the State law does not require him to leave you anything in his estate.
Answered on Jun 19th, 2014 at 9:41 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship