Legal Question in Wills and Trusts in New Jersey

Re: Duties of Executrix

Yes, it is her responsibility as executrix to pay your mother's debts if she has estate funds to do so. The estate creditors would be able to bring a suit against the estate and your sister could be held personally liable for the debts, especially if she has misappropriated estate funds.

Re: Duties of Executrix

She took the money? That is theft. A crime. What you describe is a crime. If she used the mails to do it, then it is a Federal crime as well as a crime under the laws of New Jersey.

She should be kicked out of being Executrix, and may go to jail. She is also liable in a civil lawsuit for the amount of money plus whatever other harm that her theft has caused. You might also be able to get punitive damages.

Where is she? Where is the money?

Go see a lawyer who is reasonably near you.

Find an attorney who handles lawsuits involving estates; ask the attorney how many he/she has handled, and get a clear understanding that the attorney has done similar cases.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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