How can we stop a beneficiary from filing frivolous objections so that we can closeour father’s estate 3 1/2 years after he has died?

Will left 50% to girlfriend; 50% to his kids (me/siblings). 2nd house sold 1 1/2 years ago, profits split, debtors paid. Girlfriend’s kids (not his) named in Will to get $4K each. But there is $0 in estate account. Girlfriend files objections so we can’t close estate. Accused us of overpaying probate lawyer, selling items without declaring profit (we didn’t take or sell anything) because more moneyin the estate account means her kids get some money. He miscalculated value of 2 homes. We have to pay lawyer each time she objects and for hearing. How can we stop her? She just wants to harass us and get more money.

Asked on September 21, 2011 under Estate Planning, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What needs to be done to close out your father's estate is to have a final inventory of the estate's assets file by the probate lawyer as well as a petition to the court for an order of distribution where the assets will be distributed to those entitled to what they were given, creditors paid and an order of final distribution signed and filed with the court clerk.

At this time the girlfriend of your deceased father can file whatever pleadings with the probate court concerning the above suggested petition. The probate judge will then conduct the hearing, review all pleadings concerning it, listen to any oral argument and then make a decision hopefully closing out the estate.


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