QUESTION

Does the Estate have to pay for a challenge to the will?

Asked on Jul 12th, 2014 on Wills and Probate - New Jersey
More details to this question:
Co-Executor (spouse of deceased) hired a separate attorney to determine whether the deceased's home (unnamed asset in her will) in Aruba belonged to him or to the Trust her will established. Every decision along the way in U.S. and Aruba determined that property belongs to the Trust. He would not accept any of the decisions and kept pursuing the matter--over 7 years. He has finally accepted the property be transferred to the Trust. He has used the house as his second home for all this time. Estate has paid for all legal expenses (Estate attorney, Aruba notary and attorney, etc) except for his attorney. I am Co-Executor and being pressured to sign a consent order agreeing to paying all of his attorney fees. Also, I am asked to sign consent order regarding management of Trust (I am not Co-Trustee). I am uncomfortable with that. I want to be fully protected from challenges from beneficiaries of the Trust regarding Estate expenditures. Does the Estate have to pay his legal fees?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
In the State of New Jersey, application can be made for the estate to be responsible for all attorney's fees.   However, that is not automatically granted, and it seems like you might have more than enough reason to oppose the payment of fees.  I don't know that I would consent to paying those fees on the basis of the facts you've given in this question.
Answered on Jul 14th, 2014 at 1:46 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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