QUESTION

Probate will and Refunding Bond and Release form

Asked on Mar 23rd, 2021 on Wills and Probate - New Jersey
More details to this question:
A friend passed away about a year ago (lived and passed in New Jersey) and, as far as I know, was unmarried, no children, and no living family members left. Recently I received a copy of the will and I (living in New York) am named in the will as a beneficiary to receive a $4500 check. 1) The executor and beneficiaries (including me) are all strangers and not blood related. I am naturally cautious if all of my friend's debts/taxes/liabilities/etc have been settled from the estate but am I correct that if it is a year later, and we're at the point beneficiaries are cleared to receive disbursements, that all known liabilities have been settled already? 2) Is there a statute of limitations (at least in New Jersey) at which point any debtors who come forward are null and void? 3) Regarding the "Refunding Bond and Release" form, am I correct that the maximum total amount I would ever have to pay back is $4500? Or is there a possibility I'd have to pay back more?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
It is the executor's responsibility to see that all liabilities have been paid before making disbursements to beneficiairies.  If later the executor finds that they have not, she can claw back the $4500 but no more.
Answered on Mar 24th, 2021 at 5:24 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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