Q: May a rightful heir to an estate claim assets which the executor abandons?
The assets in question are the proceeds from a malpractice lawsuit filed on behalf of the decedent which the executor declined to file, despite likelihood of winning the suit.
A: If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.
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