Legal Question in Wills and Trusts in New Jersey
What Happens If You Don't Trust The Executor of the Will?
My sister, the executor of the Will, is a very devious, secretive person. My mother passed away a few weeks ago and by the time I got down there, not only was my mother in the funeral home, but all the details were arranged. I wasn't consulted on anything. Just recently my sister told me I was to pay for all the flowers at the funeral. As I do not have a lot of money, this represents a large expense for me. I do want to contribute, but since I had no say in the budget and selection of the flowers nor have I seen an invoice, I am anxious.
My mother had been ill and somewhere in the last 3 months prior to her death, she gave my sister access to her checking accounts -- amounts unknown. I have a hunch, my sister will be reimbursed for all her expenses, but I've already been told the flowers are my expense completely. When I ask questions, my sister gets mad. When I asked my sister about the probation of the will, she said she is studying it. When I asked if I could see what she is studying, she gets mad.
The estate consists of a small house, which will needs to be sold, and possibily some insurance and other items. What are my rights here? How should I handle the situation? Am I protected?
3 Answers from Attorneys
Re: What Happens If You Don't Trust The Executor of the Will?
Your only protection is that the executor has a fiduciary responsibility to you; one that demands a higher level of honesty and candidness in reporting the affairs of the estate. As a beneficiary, you have the right to a copy of the Will and if there is anything unusual you can contest it by filing a caveat (objection) to its filing and the appointment of the executor. You could contact the bank and request copies of the prior few months statements, but you will be charged any duplication costs. You might try by having your sister provide copies of the monthly statements. Your sister must give you a full and complete accounting for all matters invovling the estate, which would include any funeral related costs, including the flowers, and provide you the documentation of expense and payments. Usually the Will provides that these expenses are borne by the estate, which means the charges are paid from the estate assets. The Will cannot be probate before 10 days have passed from the date of death and is a public document, when probated, so you can get a copy, although by law your sister is required to give you a copy. If she is being very secretative now, I suggest retaining an attorney to protect your interests and have him contact your sister to get any information you are entitled to receive.
Re: What Happens If You Don't Trust The Executor of the Will?
You face a difficult problem; no facts, no trust and no say.
You have the right to see the Will and eventually undertake an inquiry into the disposition of your Mom's funds which were controlled by your sister.
It's pretty tough stuff and you should consult a lawyer
Re: What Happens If You Don't Trust The Executor of the Will?
If you did not order the flowers, you do
not have to pay for them. May such an
expense be charged to the estate for final
estate accounting purposes. Probably.
Your rights are many. First, you are a
distributee You may contest a Will
If successful in the will contest, you
may then contest the appointment of your sister
as administrator
However, if there is a will, and you are
not named as the executor and it is admitted
by the Court to Probate, your rights will
then be defined partially by will and
partially by statute, and until the terms
of the will are seen, no definition of them
is possible
Further, the access to the assets beforehand
is something that cannot be challenged
after death. Thus, if she took money
she will not now have to account for it.
My advice is to hire a lawyer, now.
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