Legal Question in Wills and Trusts in New Jersey

can an executor of a will already in probate be removed for not doing as the heirs in the will requested? The exectutor in this case feels she has sole power to do what she wants no matter because she is in charge.


Asked on 9/05/09, 11:24 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

An Executor must carry out the terms of the Will as specified in the Will. However, there is some latitude in how this is done. For example, if the estate has securities and the Will is silent on whether or not they can be distributed "in kind" or sold and the cash distributed, the heirs can usually specify how they want their distribution. However, if the Executor acts arbitrarily, the heirs can seek the Court's assistance in these matters, and removal is possible. You have not said what the issue is, so I cannot specifically respond to your question. If you need more information, contact me directly.

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Answered on 9/10/09, 1:17 pm


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