Legal Question in Wills and Trusts in New Jersey

Re: Executor w/Federal Tax Liens

The executor's personal tax liens should not impact on the estate's assets, other than for property he inherits. However, I agree that it was probably a poor choice of executor.

If you have actually heard 'nothing' from the executor in over a year, then I would be worried. Based on what you have indicated, I would be concerned about whether this executor is competent or trustworthy enough to do the job.

The beneficiaries are entitled to an estate accounting from the executor, and filing a complaint to compel the executor to account is often a good way to get answers to your questions (and get the executor moving if he is not doing anything).

Re: Executor w/Federal Tax Liens

What you describe is very troubling. An executor with serious tax problems is an executor who should be removed before he causes problems with the estate. And 13 months is too long.

Go see a lawyer and get some advice. You would be very wise to protect yourself from this executor.

Re: Executor w/Federal Tax Liens

I agree with the other authors that an Excecutor's personal obligations do not impact on the estate he is administering, per se, but at the worst may impact on his inheritance if he inherits anything. Of course, if he is charging a commission for his services this may also impact on his tax probelms. I likewise am concerned about the length of time involved, unless the estate is subject to federal estate taxes or NJ inheritance taxes, in which case he may be delayed until these tax matters (which involve the estate, not him personally) are concluded. He should have made preliminary contact advising the heirs what is going on, before this time. I also suggest that demanding an accounting before the Probate Court where the estate is being administered will get his attention and prompt some response and action.