QUESTION

My sister said she's keeping my money as executrix.Should I wait to hire a lawyer until after Jan. or take action now?

Asked on Dec 05th, 2016 on Wills and Probate - New Jersey
More details to this question:
My sister never had children and meddled in my family. I stood up to her so she threatened to keep money my father left me since she was named executrix. My husband & I told her we saved her text and she would be held criminally & civilly liable. It's been months and I have not received money from the sale of my father's house. My husband said it has to wait until after Jan. when taxes are paid. He wants to wait as we don't have money to spend on a lawyer. Is it safe to wait, or should we take action now? Thank you.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
It depends on where the money is being held.  Sometimes the funds have to be held in the attorney trust account until you can prove that either the estate taxes were paid, or that there are no estate taxes.  If the attorney is holding the money, then write to the attorney and remind the attorney that you are also a beneficiary and when the funds gets disbursed, you desreve to get your share.  If your sister is holding the money, then I would be a little more concerned.  
Answered on Dec 10th, 2016 at 5:56 AM

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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