Legal Question in Wills and Trusts in New Jersey
I am a Beneficiary of and estate. And im concerned about the executor is not performing their duties. Do i have a right to sue. And or place a lien on the property that remains on the estate to protect my interests? Also including fees of a lawyer, interest, and damages associated with the neglect.
History of estate:
Estate has offically been open for 10 years today... (extremely long amount of time)
We are on our second executor as the 1st was removed via court.
The issue that makes me question the 2nd executor.. we are in contract for sale of the last piece of property. I have been informing and setting up appointments for the executor to sign the documents for closing... they have skipped ever single one.. the we are now pasted a deadline and the buyer is now going to sue the estate for failure to comply. As will the Realtor will do.. and rightfully so. this inaction of the 2nd executor has caused major issues. and will not give a reason why they will not go in and sign. and the estate is dry.. meaning there is no money to pay for the taxes on the property.. and actually this year.. the 2nd executor has let the property enter a tax sale for non payment of taxes for over 2 years. we had found money and paid it off at the last minute. but we are about to enter the same situation again.
Is there anything i can do to protect my interests? the 2nd executor does not have any money to pay for a a suit like this. this is why im curious to see if i can place a lien on the property to protect my portion.
2 Answers from Attorneys
You can sue the Executor in the Surrogate's Court where the estate is lodged. Raise all of the issues involved and also ask for the removal, plus sanctions (all losses and expenses incurred), as it appears the Executor has been negligent in meeting all obligations to the estate.
Yes, this is a serious situation. You can take action in court to put a stop to the mishandling. And the first executor...there are time limits for suing him, so you do not want to wait.
Take action. Get a lawyer, and get moving.
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