Legal Question in Wills and Trusts in New Jersey

Re: Fiduciary Irresponsibility Revisited...14 months later

I concur with Jon and Bob that it is possible to bring an action to replace the Executor. You have provided no information on the status of possible federal estate taxes and/or state inheritance taxes, both of which were required to be filed within 8 or 9 months of thye date of death, if the estate is of sufficient size (at $1M at least a state inheritance tax is due) some time ago. If this return is not on extension, with a deposit of estimated taxes paid, this may be an additional ground for removal and surcharge, if nothing has been done, and penalties for late filing and payment may be assessed. If he has taken estate money improperly (the $165K), this may also be grounds for surcharge. I suggest not sitting on this, but acting promptly, as the more time that elapses, the weaker your case may appear. I suggest you hire a local attorney familiar with these types of matters to represent you and your sister. If you are correct, the fees, although advanced by you, can be sought from the estate and/or your brother if he is removed and subject to surcharge. You may contact me directly if you wish to ask more questions or consider me to represent you, or for references of someone local if the matter is outside my local area.

Re: Fiduciary Irresponsibility Revisited...14 months later

Your information is, necessarily, incomplete.

You can ask the Court to replace the Executor for failing to take proper and timely action; the Court will have to decide whether that is merited.

You have an absolute right to an accounting from the Executor, regardless.

I do this type of work, Estate litigation.

Of course, you can not rely on the advice of an attorney given over the internet. Also, the exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

You really must have an attorney's assistance. If you are in northern New Jersey, please contact me. my address is below, and you can look me up in the telephone book. This website does not allow me to give my telephone number to you.

Re: Fiduciary Irresponsibility Revisited...14 months later

Unless you can show your brother has breached his fiduciary duty, it will be difficult to remove and replace him as executor. However, based on what you say has been happening, he may have done such a poor job that removal may be warranted. The judge would make that decision after reviewing all the facts of this case. As a remainder beneficiary, you have a right to a formal court accounting. You can have an attorney bring an action to compel the accounting and in that proceeding, also have the executor removed if the facts warrant that action.

You should retain an attorney to assist you with this.