A relatively simple estate, main assets at the time of death were a house (about 500,000), a minivan, a boat, and some small savings/investments (approx. 50,000 worth), The estate is divided into 13 shares, I hold one of these shares. I have received minimal information and the executor is very difficult to work worth when I request information. Since it has been almost 3 years, I feel like it's time to get a lawyer to push things along. I live in Maryland but the estate is in New Jersey and I don't know the first thing about estate law.
3 Answers from Attorneys
Three years and the estate is not settled?...and you are not getting information from the executor? Something certainly seems very wrong. If no satisfactory explanation is forthcoming, filing a lawsuit against the executor to compel an accounting should be considered.
After 3 years you should have received an answer. I will begin by contacting the executor for you, please fee free to all my office for a telephone consult at no cost to you. Best regards, Keith A. Singer, Esq. 732-749-3700
I agree with the other authors, but raise some questions, not necessarily in defense of the Executor. Have the boat and van been sold? If not, why not? Has the house been sold? If not, in what condition is it? If not, who is paying the expenses of maintaining it - such as insurasnce, taxes, utilities, etc.? Are all 13 beneficiaries cooperating to move closure along. The other authora are correct that 3 years for a simple estate to be settled and a good executor should be providing information regularly to the beneficiaries. If the Executor does not have a good reason for the time delay, there are proceedings to be brought to have him/her removed and replaced and, if improper actions have been undertaken, to compel restoration to the estate.
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