Legal Question in Wills and Trusts in New Jersey
I am one of 12 shareholders in a will. The items of value at the beginning of the estate were a very small house on the ocean worth between 500k-700k, a small boat, a van, and about 50k worth of cash. It has been almost two years since the death and the boat hasn't been sold, the van was given to one of the shareholders despite me voicing my opposition to it, the house was only recently put up for sale, and the 50k has been spent.
The house needed a couple of repairs related to a small deck over the water and there was a permit for prior work done before the death that was missing. The executor of the will is blaming these issues for nothing being done in two years, literally nothing except trying unsuccessfully to convince the original deck contractor to come back and correct the work.
I haven't been told specifically where the 50k went. When we question the estate's finances, the executor calls back sending about 10 consecutive voicemails where he just rambles on and on, sometimes in a subtly threatening tone.
Please advise on if I am out of line being concerned at this point and if not, what should I do?
3 Answers from Attorneys
You would need to bring an action in the Surrogate's Court challenging the action (or inaction) of the executor. He would be forced to file a formal accounting as to what was done with the assets of the estate and, in the worst cases, he could be removed as the executor and an alternate would be appointed to do what needs to be done to resolve the estate. It would likely be difficult to do this on your own; an attorney should be retained to assist you.
Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Feel free to call me at 856-546-8010. Mention Law Guru and your first consultation will be "no charge". Good luck. Rob Gleaner
Call me to discuss.
Robert Davies, Esq.
201 820 3460
Call me to discuss.
Robert Davies, Esq.
201 820 3460
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