Legal Question in Wills and Trusts in New Jersey

Executor responsibility

I have an aunt who passed away in 2001 and the executor has not settled the uncontested will. Numerous calls have been placed to the executor but since she has gotten a large portion of the monies allocated to her in fees and accounts as named in the will, she seems uncaring as to finish the fiduciary responsibilities she was named to complete. Is there any legal timeline or specific forms I my file to ensure that the other 8 of us as the beneficiaries left in a constant waiting game may file to light a fire under this woman?


Asked on 4/20/05, 8:58 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Executor responsibility

Sure, drop her a letter reminding her of her responsibilities and, perhaps, include a statement that if she does not promptly attend to matters, you will file a complaint with the Surrogate. You do not say what is the size of the estate, how complicated it might be (are frederal or state taxes due), if it was more than easily liquidatdable or transferrable assets involved. In most instances, the simple estates can be wrapped up in about a year, sometimes less, sometimes more. 4 years seems unusual.

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Answered on 4/21/05, 2:25 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Executor responsibility

There is no set time limit for completing the estate administration, but 4 years seems absurd unless this was a very complex estate. You will need to take her to court to compel an estate accounting and a distribution.

Unless there are some very good reasons why she has not completed the estate administration in 4 years, she may also face removal as executor and may be surcharged for failing to do her job.

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Answered on 4/21/05, 9:11 am


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