23 Jul My dad won’t sign off on our inheritance. What can we do?

Q. My grandmother passed away a few years ago and left money to all her children and grandchildren. I am one of the grandchildren and the only stipulation in her will was for all of her children to get together and sign paperwork to get the money, but they’d all have to be in attendance. My father refuses to go sign any paperwork therefore I can’t receive my inheritance. How do I go about getting what is mine?
— Frustrated

A. This will be a little sticky.

For starters, New Jersey law requires all executors and administrators to obtain a refunding bond and release from the beneficiaries and to file the bond with the county surrogate.

“The purpose of this document is to require the beneficiary to refund a pro rata share of any unpaid debts owed by the deceased person if there are no other assets to pay them, and to discharge the executor or administrator upon the distribution of estate assets to the beneficiary,” said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.

She said courts generally will try to honor the intent of the testator — the person who made the will — as much as possible as long as the condition does not require illegal actions and is not against public policy.

You should consult an attorney to determine whether the stipulation in the will is legally enforceable and whether court involvement will be necessary, Whitenack said.

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This story was originally published on July 23, 2021.

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