Legal Question in Wills and Trusts in New Jersey

My wife and brother in law are co-executors to their moms estate in NJ. They have gotten to the point where my wife is willing to move forward, but my brother in law refuses to speak to anyone, even beneficiaries. He has since hired an attorney because in his words he cannot deal with anyone involved. My wife has not agreed to hiring this, or any attorney, but is willing to work with this attorney to settle the estate. My question is; If she nor the other beneficiaries agreed to hire this attorney, and it was all my brother in laws decision to hire him, is the estate liable to pay him from the estate when he was not hired by both co-executors?


Asked on 1/21/13, 5:56 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

In theory, he must be retained by both executors. However, if he does any work for the estate he is entitled to be compensated. If you really do not want him, you need to apply to the Court to contest his appointment. If she works with him, he can be paid by the estate. Has your wife spoken to him about his appointment and questioned his authority to act, fee arrangement, etc.? From the behavior of the co-executor, it sounds like your wife might consider removing her brother. If the estate is not large enough to contest the appointment, it might be best just to reach some agreement and move forward. This is a response to an Internet question and the reply is for informational purposes only, and is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 1/21/13, 6:52 pm


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