Legal Question in Wills and Trusts in New Jersey

Executor; non-compliance with court order

I would like to know how an executor is allowed to continue to not comply with an outstanding 2004 court order. This order directed him to repay monies he took from the estate and from bank accounts the day of the decedents death. The excessive letters of ridiculum have been exchanged between attorneys...to most recently recieve a check for the incorrect amount cut from the estate account. The executor is also not providing the estate accounting again....the first time the judge had to fine him and then we got scribble with phoney reciepts. Most recently one of the propertie was sold he is withholding 100,000 of the procees in the estate account without reason. Also, he was to pay the IRS money in a timely manner....via an agreement made between the two attorneys. This was not done and he has now deducted a late fee penalty which of course effects our portion. On the last sale of property the executor deducts for items without documentation. He also maitain that the estate account balance was only $662.00 before the $100,000 deposit. We have requested and it has been court ordered, that he supply us with the account records. There was excessive income on a 4 family and commercial property coming in beforce and since dod


Asked on 2/16/07, 8:10 am

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Executor; non-compliance with court order

Frankly, your question is very unclear. I do understand that 1. an executor is mishandling the estate money and assets; 2. the Judge has ordered the executor to do several things; 3. the executor is not complying with the order and is doing other wrongful things; 4. you have an attorney and you are completely unsatisfied with the results your lawyer has gotten for you.

I suggest you find an attorney near you who handles Estates and Estate Litigation and get a second opinion. Have that attorney review ALL of the paperwork and answer the attorney's questions.

You are in the middle of a mess. It might or might not make sense to get another attorney to take over the case. It does make sense to get a second opinion.

I do this kind of work, have for years. If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; a brief 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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/16/07, 10:42 am
Walter LeVine Walter D. LeVine, Esq.

Re: Executor; non-compliance with court order

I concur with Bob that this is a mess, and it appears nothing is being done. I suggest going back to Court, possibly with a new attorney, and again request sanctions against the Executor, as well as requesting that the current Executor be discharged and a new one appointed - maybe someone independent, although this could increase estate expenses. Suggest the costs be charged to the current Executor.

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Answered on 2/16/07, 3:23 pm


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