Legal Question in Wills and Trusts in New Jersey

How do you get rid of an executor? My mother passed away and wanted to leave all to me and my sister in the end. She wanted to eliminate an executor -a friend but not a beneficiary, but didn't and my sister and I failed to get an attorney in time to do so. His son has stolen cash from the live in health care aide and his ex-wife ran up unauthorized charges on my mom's credit card that we had to dispute.


Asked on 5/24/17, 4:07 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Condolences on the death of your mother.

It's not clear from your question whether or not your mother had a Will or named an executor. A Will, if there was one, has to be filed or probated (they mean the same thing) with the Surrogate's Office of the county where she resided. If there was no Will, someone has to apply to be the Personal Representative of the Estate, which has to be administered. If someone you don't trust did that, you may challenge any untoward actions and require an accounting, depending on how much time has passed. You should get an experienced estates lawyer to represent you before the entire estate is wasted.

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 6/01/17, 2:48 pm


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