The Court ruled that the beneficiary was not entitled to interest […] If there’s nothing left after that or the liabilities of the estate exceed the assets, the beneficiaries won’t receive an inheritance. The executor of a will is the person responsible for wrapping up the affairs of a deceased person after their death. This conduct would also have breached a trustee’s duty of its fairness to the beneficiaries. An executor can delay payments to beneficiaries to pay taxes and debts on the estate. 6 replies 1.1K views MillieM00 Forumite. Probate process takes more time than many people expect. 4 posts. So what is an executor to do if the beneficiary does not want to sign a release? 3B:10-28 provides that an executor “shall proceed expeditiously with the settlement and distribution of a decedent’s estate and do so without adjudication, order, or direction of a court….” Similarly, N.J.S.A. In ordering the executor to make a distribution, the court relied on the law of assent. 16 January 2019 at 1:40AM edited 30 November -1 at 12:00AM in Deaths, Funerals & Probate. Repairs can cost thousands of dollars and delay a property’s sale. If you believe co-executors are causing unreasonable delay, communicate concerns to estate counsel. If that fails, take action in the probate court that approved the appointment of the executor. 16 January 2019 at 1:40AM edited 30 November -1 at 12:00AM in Deaths, Funerals & Probate. In summary, depending on the circumstances – usually where there has been significant delay in administering the estate – a beneficiary may request and compel an executor to make an interim distribution prior to completion of the estate administration. The Executor is required to inform a beneficiary if the distribution of his or her inheritance will be delayed and provide reasonable reasons for same. Taxes and creditor's claims must be settled and paid or reserved before distribution to beneficiaries. N.J.S.A. However, an executor can’t steal from the estate, refuse to communicate with beneficiaries, or needlessly delay payments. Executor delaying distribution of assets. In Brighter, the executor had not exercised her discretion to delay distribution to all beneficiaries until she had her accounts approved by the Court.” 6. Give ample time for the executor to meet your demand. The executor is required to keep good records of all transactions involving the estate and must keep the beneficiaries fully informed. Denofrio v. My Father died over 2 years ago. They hold a great deal of power, and with that comes fiduciary responsibilities. If, for some reason, the executor does not distribute the estate, you have some options: Send a certified letter to the executor demanding distribution of the estate. 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