Legal Question in Wills and Trusts in New Jersey

My mom in her home, and only a copy of her Will could be found. The executor named in the Will never qualified. As her daughter, I asked to be appointed. Lawyers said no, because I was considered a "creditor" of her Estate. I had to remove her body from her home, arrange for the funeral, begin the clean up of her home, and when her Estate was frozen, stop the defaulting of her utilities, and other bills by paying for them. She owned 3 properties. I live in one. Relatives live in the other. I'm now told to let everything to go into default. The Court appointed a lawyer as a temporary administrator. She has not been approved yet. She wants to charge about $400/hour, regardless of how much is in the estate. Everything I've read shows that an administrator, or executor receives a percentage of the estate. My lawyers only tell me that she has to charge what's "reasonable," and I have no idea what to do. Thank you.


Asked on 5/26/14, 11:15 am

4 Answers from Attorneys
Miriam Jacobson Retired from practice of law

A copy of a Will may be probated under the right circumstances. I think that creditors may qualify to administer an estate. Letting everything go into default doesn't sound like the best option, but I don't have all of the information.

Do you have your own independent lawyer, or are you asking lawyers who are representing others?

I do not handle estate litigation, so I have no vested interest in this reply. Consult with an estates lawyer who does litigate in the county where the estate is being administered to get your own representation, or if you are represented, to get another opinion. Take copies of all the documents involved in this matter with you. You will probably have to pay for the consultation, because the lawyer will have to review everything in order to be able to advise you.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/26/14, 2:53 pm
Larry Raiken Larry S Raiken LLC

I have handled and am currently handling estate litigation. I would be most happy to meet with you for a free 0ne-half hour consultation. Please call my office to make an appointment.

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Answered on 5/27/14, 6:57 am
Robert Davies The Davies Law Firm, P.A.

Pretty much everything you say that the 'lawyers' told you is wrong. I have no idea why.

Come see me, bring all the paperwork, and I will see if I can set this straight.

$400 per hour to handle the Estate? Good Lord. No.

But you will need to take action fast.

I will meet with you for half an hour for free, tell you what I see, and you can decide how you want to proceed from there.

There is a lot at risk here, and you do not want to lose all of that.

You need a lawyer to sit down with you and give you some advice.

I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you.

This will be a free consultation. After we talk, you can decide what you would like to do.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

AND NOW THE DISCLAIMER:

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 5/27/14, 7:18 am
Walter LeVine Walter D. LeVine, Esq.

I agree with all of the foregoing authors, that you have possibly been misled and misinformed. Any family member can usually be appointed as the estate administrator and there may be an eligible procedure available to you which is called "Administration with the Will annexed", which follows the Will where the original cannot be located. You should verify if either or both suggestions are available to you.

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Answered on 5/27/14, 4:17 pm


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