Legal Question in Wills and Trusts in New Jersey

My mother passed away 4 months ago. My older brother was designated as Executor of her estate. The estate is to be divided equally among the 4 remaining sibilings. He has taken over completely, throwing away her personal property without consulting us. He has listed the house for sale without consulting us on price. He has told us that he as sole say and that we do not. Don't we have any rights. Can he just randomly do whatever he feels. Do we have a say on the sale of the property being that we are beneficiaries? What are our rights?


Asked on 10/31/09, 6:41 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

You absolutely have rights. He has an obligation to act in the best interest of all. If he does not, he can be personally responsible for his actions. If he does not act voluntarily in the best interest of all, he can be removed as the Executor by the Court.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Feel free to contact me for a free initial consultation [856-546-8010]. Be sure to mention Law Guru. Good Luck! Rob Gleaner

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Answered on 11/05/09, 7:01 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Your brother is the executor. It's his job to administer the estate, not yours or your siblings. Unless he has breached a fiduciary duty [and it does not appear so based on your question] then there is not much that can be done. If he has breached a fiduciary duty, the beneficiaries can go to court. In addition, if you are not happy with how he handled things [e.g. you feel he sold the house at below market value] then have the house professionally appraised ASAP. You can contest his final accounting, and if you can prove your case to the judge, he will be subject to surcharge.

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Answered on 11/09/09, 8:55 am


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