From our “Ask a Question” Mailbag: Camden County Estates Typically Remain Closed After Release
Most Recently Updated July 15, 2018.
“I served as Executor of my Mother’s estate last year in Camden County, and I obtained releases from all of the Estate’s beneficiaries. Now, one of the beneficiaries who signed a release filed a petition asking me to account. Do I need to Account? What should I do?”
Probate Attorney, Amy Besser
Camden County Estates Typically Remain Closed After Release
The short answer is no, that beneficiary cannot require you to file an accounting.
Unless there are some exceptional circumstances, the Beneficiary waived their right to ask for an accounting after signing the release. In Camden County, unless special cause is shown, an executor typically can be called to account one year after his or her appointment in office.
You Should Be In The Clear
However, you were smart to have the beneficiaries sign a release. Under New Jersey law, a fiduciary is not required to file an account upon request of a beneficiary who has already signed a release. Assuming the beneficiary was competent to sign, and the release was properly acknowledged, you should be in the clear.
So long as there is no fraud, misrepresentation, mismanagement, or undue influence by the executor—or substantial misunderstanding by the beneficiary—an attorney experienced in Camden County estate litigation will be able to assist you in handling this petition.
More Probate Questions?
Requests for estate reopening is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.
In Conclusion: Camden County Estates Typically Remain Closed After Release
I hope that this article was helpful in explaining proper ways to handle an estate reopening request. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!
Wills, Trusts, Probate, and Estate Litigation, It’s All We Do