Legal Question in Wills and Trusts in New Jersey

Appointed Executor of My Father's Estate
My father passed away 3 years ago and I was appointed executor of his estate. He lived in New Jersey while I lived in Maryland, so many things was done by his family that I still until this day is not aware of. Such as insurance policies, bank accounts, retirement or pension of his job, part of property he was taking care of with payments in another state. I am in need of help to get everything straighten out. I had a lawyer appointed to me by the funeral home in Newark, that did not do anything to find out everything I needed to know, his sisters and neieces and nephews know what happen to these item. When I arrive to his apartment most of his items where gone and never received his wallet with his personal information. I am his only child searching for someone to help me with this matter.

Asked on 2/23/07, 10:34 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

0 users found helpful

0 attorneys agreed

Re: Appointed Executor of My Father's Estate

If you were appointed Executor by the Surrogate, I do not know how or why anyone else had authority to act for the estate. Did you authorize anyone to act on your behalf? Did you notify anyone of your appointment? Of course, if any assets were in joint names with someone, or had designated beneficiaries, they automatically belong to the surviving joint owner and/or the person designated as beneficiary, and your services as Executor are not needed. Much more information is needed about the types of assets your father had before any suggestions can be given. I do suggest that you contact IRS and request copies of a few year's tax returns, using Form 4506, which requires a copy of your appointment by papers. This may provide leads to assets like bank or brokerage accounts, and you can then contact them for more information. If you suspect someone acted fraudulently or improperly, you will probably need a local attorney and may have to start a suit against that person. This can be costly to you. As stated above, more information is needed. Also, 3 years to wait and take no action as Executor works against you.

Answered on 2/23/07, 11:08 am

Mark as helpful