Legal Question in Wills and Trusts in New Jersey
failure by executor of a will
My father's Will has not been carried out by the executrice (sister) sister claims she cancelled father's life ins and purchased her own thus it is hers she did not go through probate and did not distribute anything but the proceeds from the sale of the condo she refuses to communicate with us and it will be 2 years this month executrice also appointed legal guardian of my sister with downs her part of the will is in the executrice name the will states all is to be shared equally but we cannot get my sister to follow my father's Will what can we do?
3 Answers from Attorneys
Re: failure by executor of a will
Seems like waiting (two years) has done nothing to get this estate settled. You should consut an experienced trust and estate attorney. It's likely that if your sister is not distributing the estate assets, you will need to file a lawsuit to compel the executor to file an estate accounting.
Re: failure by executor of a will
You will have to sue the estate and the sister as executor of the estate to compel the appropriate distribution of the estate.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: failure by executor of a will
If you have not gotten her to answer your questions after 2 years, then you really need to force the issue. You need to sit down with an attorney and all papers that you have, and get some advice.
If your attorney can not get satisfactory answers for you, then you may need to go to court. The good news is that an executor has a very high duty, to handle all assets belonging to the deceased person very very carefully and properly, and to prove that the executor has in fact done it all properly. The bad news is that you may need to file suit, to make this happen.
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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