Legal Question in Wills and Trusts in New Jersey
The Will was Probated 4 years ago after my Mothers passing, the executrix of the will (My sister) has not done anything regarding distribution monies from the sale of 2 homes 2 years ago. She continues to drag her feet with regards to the will, but has since bought a new home & then sold her old home. All of this has me very concerned that she has used estate money to leverage the purchased of said new shore home.
My main question is, what is or how can we get her to complete her executrix duties? Is there no time line if all estate sales are completed? What are the "Intestacy Laws" for the state of NJ with a Will present?
Thank you,
Bob
2 Answers from Attorneys
This does not look good. I would suggest that you retain an attorney and file a Complaint to compel the executor to file Accounting. This will force her to disclose all estate finances and the Court can compel her to make distributions.
Four years is an exceedingly long time to wrap-up an estate (unless there are legitimate issues). The cost of your legal fees to bring the accounting action will also likely be paid by the estate rather than by you personally (and if the Court finds that the executor has breached her fiduciary duties, the fees may be surcharged against her personally).
I agree with Jon. You should retain am attorney and file a complaint to compel the accounting and make a distribution. If it is discovered during that suit that the executrix breached her fiduciary duty to the heirs, she can also be surcharged for any losses and even removed from office. I suggest this be done promptly. I also agree that if you are successful, all fees should be paid through the estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
