Legal Question in Wills and Trusts in New Jersey

co-executrix' in different states

My sister and I are co-executors of our father's estate. There are three beneficuaries, the two of us and our older brother. We have an attorney and this is taking almost 2 years to finalize. My sister is in Florida and does nothing to help me here in NJ. She sits back and lets me do it all and makes demands that are not related or listed in the will. She won't do a partial distribution (from info supplied by my brother who is not a executor) because she wants me to sign my share of a condo to her that is not listed in the will as well as pay a portion of $5000 to which she claims she invested in the condo. She is also claiming her share of executor fee and has done nothing. She doesn't even have condo insurance on this jointly owned property in florida to which she is living in. She also charges the estate for the condo fees monthly and demands that I cash in stock to fund these fees. This to me is blackmail to get what she wants at all costs.


Asked on 7/31/01, 8:36 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: How can this estate be settled?

Although you did not ask a question, I assume you want to know how to resolve this. It appears to me that the estate attorney is in a bind. He is trying to represent the estate (that is, the common interest of all three of you collectively) yet each of you have competing interests. Ethically, he is barred from advising one of you against the other. On the other hand, each one of you may have a claim. It is my suggestion that you obtain a consultation with another lawyer and review the entire situation. If necessary, an application can be made to remove your sister as a co-executrix. Then, as the sole executrix, you may be able to make headway in resolving this estate. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 7/31/01, 2:09 pm


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