Legal Question in Wills and Trusts in New Jersey

I am to sign a "Refunding/Release" bond freeing the executor from all responsibility of my aunt's estate. Prior to executor, he was POA, and changed a 100K POD CD in my name and used it to pay my aunt's expenses. When she died 2+ years ago, he netted about 400K from other of her accounts that he could have used for her expenses first. He was the residuary beneficiary, knew he was, and spent assets to his benefit. I have to sign the release to get my bequest; it's kind of like blackmail. THE QUESTION IS- can I sue him as a person or former POA, not an executor, in a court other than probate? I have tried probate court and the downside risk is too great. The evidence of the facts as I have described is strong.


Asked on 10/22/14, 6:49 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

I don't know what you did in probate court and what downside risk you encountered. If an executor has behaved inappropriately, s/he should be called to account in Surrogate's court. Also, actions taken under the POA are subject to an accounting. Don't sign the "Refunding/Release" bond if you don't agree with the account you were given. You should engage the services of an experienced estate lawyer in the county where the estate is being administered to pursue both of these issues.

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.

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Answered on 10/22/14, 11:59 am


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