Legal Question in Wills and Trusts in New Jersey
My mother recently passed. In her Will it stated that her childhood friend was to be named executor and the Estate was to be divided equally between her three children.
Since that time her friend has officially declined and mailed the fiduciary paperwork to my brother.
Due to matters of principle, my sister and I cannot agree to this. meanwhile my brother has taken several small to medium sized items from the estate. He also retained an attorney who mailed my mothers boyfriend to disclose assets of the estate.
He also is concealing the Will and any paperwork relating to estate, insurance policies etc. any becomes extremely volatile if questioned.
Is what my brother doing legal? Help! Much thanks in advance.
2 Answers from Attorneys
The main issue that first needs to be determined is who, if anyone, was named as the substitute executor. If it was your brother, you and your sister would have no choice but to accept that as your mother's decision. If no back up was named, then each one of you would have the ability to apply to the Court to be named as substitute executor. Even if he is the substitute executor, he has to handle the estate in an appropriate manner and if he does not, you can challenge him in Court. It is always best to do this with the assistance of an attorney.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner
You need to get a lawyer and stop this. Right now.
I have done a lot of this work. It gets ugly. Get a lawyer near you who does a lot of estate litigation.
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