Legal Question in Wills and Trusts in New Jersey

how am I protected legally. MY brother is executor of my mothers estate

my mother passed away almost 4 weeks ago. my brother is executor. he has been somewhat estranged from the family. my mothers 4 children are listed in the will as being given 1/4 of everything each. so its divided equally. My twin sister thinks my younger sister deserves extra because she took care of my mother in her last year. This is debateable. Is my money going to go in someone elses pocket without my agreeing? My brother says I have nothing to say. I said I want an accounting. he said I will not have one. I dont want to get a lawyer. I just want my fair share and to be informed. THere could be as much as 300,000 to 400,000


Asked on 6/02/00, 9:40 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: how am I protected legally. MY brother is executor of my mothers estate

As a beneficiary of the residuary estate, you have an absolute right to an accounting from the executor, either an informal accounting or a formal court accounting. If the executor refuses to give you an accounting, you can sue and compel him to account. If he has not followed the terms of the Will or has breached his fiduciary duty in some other way, he will be held accountable in court.

It appears you may need an attorney to help you if the executor does not provide you with the information you are entitled to.

I can be reached at 908-273-1212

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Answered on 9/08/00, 5:47 pm


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