Legal Question in Wills and Trusts in New Jersey

Re: Willingness!

Usually, the executor is not personally responsible for reductions in estate value due to the passage of time. However, 8 years sounds like an unusually egregious case, and you may have an action against the executor.

You should contact an attorney to discuss the specific facts of the executor's actions to determine whether your rights. You can call my office for a free 30 min phone consultation, or the equivalent by emails.

Re: Willingness!

This sounds like a very odd situation.

Since the Will was never probated and the executor named in the Will was never appointed, I don't know if he or she is liable to the beneficiaries for a breach of a duty he or she never assumed.

Does the executor have the original will and is simply refusing to probate it? Is there some valid reason why the Will has not been probated? (seems unlikely).

You apparently have seen the Will...why have none of the beneficiaries done anything for 8 years?? If the executor is holding the original Will, he or she may be negligent in not probating it, but the beneficiaries bear some of the blame as well (for doing nothing for 8 years) which may hurt their chances in a suit against the executor named in the Will.

Re: Willingness!

While the named executor is subject to surcharge, the delay of 8 years might be held against anyoine complaining, at least as to a surcharge. I suggest the immediate initiation of a suit to have the Will probated, have the named Executor removed and for the surcharge to recover the loss. The proper applicant is the second named Executor (the person next in line to serve as named in the Will. If there is noone named, suit for Administration with the Will annexed is an alternative. If you need more information or assistance, contact me at your convenience.