Legal Question in Wills and Trusts in New Jersey

Re: Nj 3b:14-40

I would need more facts to answer your question. If you are suing the executor, that would normally be by verified complaint and order to show cause.

Re: Nj 3b:14-40

Leave of Court is just an expression meaning that it is up to the Court to to accept a pleading filed in a matter. If you feel an estate fiduciary (executor or administrator) has done something wrong, you need to file a complaint specifying the act(s) done improperly, what relief you want, and if the fiduciary is to be surcharged for any losses or expenses incurred. If the complaint involves an on-going act, you may also want to include an application for temporary injunction to stop the activity until the Court rules on its legitimacy. If the suit is merely to contest the probate (e.g., the Will or its benefits were obtained by fraud or undue influence) you have a limited time from the probate to raise that claim. If the claim is for malfesance by the fiduciary, the suit must be brought promptly or is barred. I would need more information on your claim to give you more than a general answer.