Legal Question in Wills and Trusts in New Jersey
My mother died 8 years ago, and her house is only now being sold. I found out after her death that she had been nagged by my sisters to add them as co-executors, and the inability of the four co-executors to agree on anything is the reason for the delay. The house was mortgaged, and I have just found out that three of them had been taking "advances." I have also found out that the will provides for my brother's inheritance to be reduced because of an unpaid loan. (I had to go to the court records because my brother refused to let me see the will.) I am concerned that the proceeds of the sale of the house are not going to be distributed fairly. Does the court review the actions of the executors and demand an accounting before closing out an estate? Or is it all rubber-stamped unless an heir files a protest? I have said nothing so far, and I don't want to take any action that will cause a problem within the family unless it is the only way to make sure that my mother's wishes are carried out.
3 Answers from Attorneys
This sounds like a bad situation.
In NJ, there is no independent court oversight into the estate unless a beneficiary demands it. That is done by filing a complaint with the Surrogate, to compel the executor's to prepare and file an estate accounting. Once the accounting is filed, if the executors have acted improperly, the beneficiary can file 'exceptions' to the accounting and if the judge agrees, the executors will be surcharged.
Horrible. and I do not care if they could not agree, this is an incredible delay.
No, the court will not look into it unless you take action.
You should take action. And do it now.
I do this kind of work. Take a ride up here and let me see the paperwork, and we can talk it over, and plan your best course of action.
I can explain things in detail. Why don't you come see me. I will meet with you and go over your situation. I will explain what legal issues I see, and what I can do to assist you. I will also give you my best estimate of the cost for attorney's fees.
This will be a free consultation. After we talk, you can decide what you would like to do.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]
Website: AttorneyRobertDavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.
I agree with the other writers that your sitting back and doing nothing will probably result in your getting not treated fairly. I also suggest you promptly retain an attorney and file a complaint against the Executors and compel a thorugh accounting.
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