Legal Question in Wills and Trusts in New Jersey

Re: removing an executrix

I have read what Attorney LeVine said to answer your question.

If your oldest sister is not doing what she needs to do to handle your Mom's Estate, there are a couple of ways to prod her to take action.

If she will not do what is required, you could file a Motion asking the Judge to remove her. You have to have good reasons to have her removed, and it will take some time and effort by an attorney.

I have done a couple of fights among sisters and brothers, and it gets very nasty and expensive very quickly. First, I suggest you consult an attorney, and try to have your oldest sister talk to you to answer your questions and handle the things that need to be taken care of. Then if you need to, you have the attorney advise you as to your options.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: removing an executrix

You do not say how long the estate has been in probate, the size of the estate and the nature of the assets in the estate. This may account for some of the delay. Presuming it is a simple estate with traditional assets (house, bank accounts, maybe insurance and stocks) and not of a value over $675,000 (where inheritance taxes may be involved), it would normally take about a few months to get a handle on things, open accounts, pay bills, etc., and to make a preliminary accounting to beneficiaries. If this has not been done, you can apply to the Surrogate's Court where the Will has been probated and demand an accounting be provided. You cannot just ask that the Executrix be replaced, without having a basis for removal. If anything has been done improperly, the accounting should reveal it, and that would be a basis for removal and replacement. Does your sister have an attorney representing the estate? Try to get information on what is going on through him. Preliminary distributions (advances against what one will ultimately receive) are not unusual, but are usually discussed with the other beneficiaries. If you need more help, contact me directly. This is a response to an Internet question and the reply is not to be considered as legal advice or as creating an attorney-client relationship.

Re: removing an executrix

It would be necessary to file a complaint against your sister and the estate seeking her replacement and her accounting for funds disbursed by her.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com