Legal Question in Wills and Trusts in New Jersey
Incompetent Executor
The executor of my grandmother's estate is not acting in the best interests of the beneficiaries. He has tried to rewrite the terms of the will to benefit himself and his wife, he has not provided an accounting of the estate, I know he didn't file tax returns on the estate for two years and, most recently, his wife added a personal note in a letter sent to one of the beneficiaries stating ''if you don't agree with this distribution, we can still pay out but withhold your share.''
The estate is small (under $200,000). The only significant asset was real estate that was sold in February 2001. Each benficary lives in a different state or county. The executor lives in Canada.
What can and should I do to obtain a speedy distribution of the estate in accordance to the terms of the will and to get a proper accounting to ensure the estate was managed correctly?
2 Answers from Attorneys
Re: Incompetent Executor
If it is a NJ estate, you should file a Complaint in Superior Court to compel the executor to file his accounting. Once he has filed the accounting, you will be able to see what he has done (or not done) and will be able to file "exceptions" to the accounting. If he has acted improperly, the Court can hold him responsible for damages.
Re: Incompetent Executor
The executor is supposed to be acting in the interest of all beneficiaries, being guided by the terms of the will. If he is not acting in this manner, the Court can take action, even removing him in the most egregious situations. However, this cannot happen unless you bring it to the Court's attention, by way of the filing of a Complaint. In this way, the Court obtains jurisdiction and the issues can be brought before a Judge. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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