Legal Question in Wills and Trusts in New Jersey

Re: Fiduciary Irresponsibility

You and your sister have waited far too long to take appropriate action. Based on the facts you have presented, you need to retain an attorney, file the appropriate action in the surrogate's office and/or the civil part, have your brother removed as personal rep./executor, and have yourself and/or sister named as substitute executor(s). An accounting can then be conducted, the assets of the estate marshalled, and distributed. This would probably include having your father's home sold at an estate sale, at some point.

Your brother may be legally liable to the estate in the event he intentionally or negligently took money from the estate assets or otherwise caused losses to estate assets.

Consult an attorney immediately. I would be happy to speak with you about this matter.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Fiduciary Irresponsibility

Sounds like there is a lot going on here.

It also sounds like you have been trying to take a 'gentle' approach hoping that he will start acting responsibly. However, it's been over 2 1/2 years and he has made no real progress.

Does your brother have a lawyer helping him? Rather than make this adversarial (an option) it might make sense for your brother to get some legal help to move this forward. It's possible that he really does not know what he needs to be doing. A good probate lawyer can help get him organized and take charge of the process, probate the will, file the tax returns, pay the bills and make distributions to the beneficiaries.

Re: Fiduciary Irresponsibility

Dear sir or madam:

It sounds as though you and your sister have demonstrated considerable patience already (over 2 years).

While you can take action through court (compel production of the will, apply for executor status for yourself or you sister, etc.), you may want to simply put your brother in touch with a competent probate attorney to move through the process. Usually, the attorney's fees are an estate expense, so the cost will be shared by you three (as 3 equal reductions to each of your inhertiances).

The attorney can help your brother probate the will, close all bank accounts, and change title to all other properties while accounting for all past taxes and rents due (if any), and finally, distributing each of your inheritances.

You may contact my office directly at [email protected] for a free consultation by phone or by email.

Thank you,

Anthony S. Park

Re: Fiduciary Irresponsibility

I agree, but disagree with the other authors. The time delay will not be moved just by requesting that your brother merely retain an estate/probate attorney (like myself). You must take the bull by the horns. Who has the original Will? I recommend that you immediately apply to the Superior Court (Probate Division) in the country where your father resided, to compel the probate of the Will. If you have the original or a copy, it should be attached to the Complaint. At the same time, compel an accounting from the date of death to the date of the Complaint, plus ask to remove your brother as executor and have the other siblings appointed (presuming they were named as successors, which if not could lead to some small problems) as well as to surcharge your brother for any deficiencies or losses caused by his inaction. While you may have to front fees, they will ultimately be paid by the estate (or possibly by your brother if he is found to have been negligent or derilect in performing his duties. Nothing can be done with the assets until someone is appropriately appointed by the Surrogate to handle the estate. He cannot prevent you from going to see the house, as you inherited a portion of it through the Will. Finally, as he has been living there, how are the bills being paid? Personally or using estate assets? If estate assets, there may be a claim also for him to reimburse you the 2/3 as he has received benefits at your expense. More information may be needed to give you more specific advice, but my comments are a good starting point. Contact me directly if you have further questions.