Legal Question in Wills and Trusts in New Jersey

My father died three years ago myself and two brothers are the only beneficiaries. My older brother is the executor. We have been trying to get him settler the estate but he keeps putting us off, Do we have any say in how or when things are sold? Can two beneficiaries out vote the executor? I live in new jersey

Asked on 1/30/12, 8:51 am

3 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

You should retain an Attorney. There are many choices. Please call my ofice to set up an appointment.

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Answered on 1/30/12, 9:00 am

Walter LeVine Walter D. LeVine, Esq.

You do not say why there may be a delay or if there are unusual assets that may delay the estate being liquidated and distributed. You could petition the Court for an interim accounting and to compel the Executor to move things along. At the same time, you could voice objections to how the estate is being handled or express concerns about how assets are being sold/liquidated.

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Answered on 1/30/12, 9:34 am
Jonathan Chester Lindabury, McCormick, Estabrook & Cooper, P.C.

I agree with Walter. Three years is a long time...unless there are unusual assets [e.g. sale of a family business, etc.] that need to be addressed.

I would start by hiring an attorney and have him/her send a letter to the executor clearly stating the issues. If you don't get a prompt response, you can file a lawsuit to compel an accounting and seek the removal of the executor for breach of his fiduciary duty [i.e. failure to promptly settle the estate].

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Answered on 1/30/12, 11:31 am

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