Legal Question in Wills and Trusts in New Jersey

What steps can someone take when an executor is not performing their fiduciary responsibilities such as paying estate death taxes. Would the Attorney General get involved and assist? Any feedback would be greatly appreciated as the estate funds are gone due to the executor's negligence; interest and penalties have been incurring for years. I'm a beneficiary and I don't want to deplete my own funds and resources.

Thank you!


Asked on 2/08/15, 6:11 pm

1 Answer from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

The AG would typically only get involved if there were charitable beneficiaries.

If you are a beneficiary named in the Will, you can bring an action to compel the executor to account in court. If he/she has not done his job or has misappropriated funds, he/she can be held personally liable to the beneficiaries for any loss.

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Answered on 2/10/15, 5:41 am


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