• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Execution of estate in timely manner

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

fasterhorses

Junior Member
What is the name of your state? New Jersey

Is there any legal requirement for an executor of an estate to perform the tasks in a timely manner, or can he drag things out? We are nearing two years in the execution of my aunt's estate and every time we contact the accountant who is the executor, he gives another reason why things will take longer (none of these things have to do with problems with the will). This just doesn't seem right. Do the beneficiaries have any legal recourse?What is the name of your state?
 


moburkes

Senior Member
What is the name of your state? New Jersey

Is there any legal requirement for an executor of an estate to perform the tasks in a timely manner, or can he drag things out? We are nearing two years in the execution of my aunt's estate and every time we contact the accountant who is the executor, he gives another reason why things will take longer (none of these things have to do with problems with the will). This just doesn't seem right. Do the beneficiaries have any legal recourse?What is the name of your state?
It would be beneficial to know what "excuses" he is using. How large is the estate?
 

Dandy Don

Senior Member
The beneficiaries need to get their own attorney so that accountant/executor won't be able to continue to blow you all off without any accountability. Have you all even attended any of the probate court hearings to find out what is going on? Unless he has a valid explanation your attorney needs to review this executor's actions carefully since there could be a possibility of theft/misappropriation of assets that he doesn't want to be found out about.

DANDY DON IN OKLAHOMA ([email protected])
 

fasterhorses

Junior Member
Excuses for not administering estate in timely manner

It would be beneficial to know what "excuses" he is using. How large is the estate?
In reviewing his emails, most of the excuses are that he want's to be sure he's doing everything right. So he always has one more new thing to check on. Or one more person to discuss things with (and that person isn't returning phone calls). Or one more market analysis before listing the house.

He received an offer on the house almost immediately after my aunt's death, but didn't sell it till 10 months later as far as I can tell - we never get any paperwork so only have his emails to go by.

He said he was going to start the estate transfer tax returns six months into the process but didn't file them until a year after the start of probate. Then he said that the IRS and the state of NJ weren't providing the closing letters - that apparently took almost half a year - but we never actually saw any of the returns so we don't know when he really filed them. There were no challenges by state or feds, or by court or anyone, as far as we know, so there's no reason for the delay.

Each thing he does, he does sequentially, and doesn't start the next step till he is satisfied that the last is completed. I checked with my own accountant who has handled quite a number of estates (larger by far than this one) and there are many steps he takes at the same time.

The accountant/executor says he is just being careful, but the last straw was when he hired an attorney in the past few months, and suddenly instead of sending all the final papers within two weeks, it could be another six months, because, the attorney said, the number of beneficiaries (15 - me, all my cousins plus my aunt and uncle's siblings)was so high that the attorney wanted to take it in more steps - two months to send out some papers to us, then wait for beneficiaries to send paperwork back, then two or three months to send out the next paperwork, etc. etc.

I know in NJ the executor gets a percentage of any interest accrued by the estate. He has never told us what the value of the estate is, but I know my aunt had a good amount of stocks. I can't help but wonder if this guy is dragging his feet so he can earn more money on his interest. Until he sends some sort of accounting, there's just no way for us to know whether he's using the time to earn more money or he's just a really, really careful person. I am simply tired of his dragging this out, which is why I wondered if there are any rights for beneficiaries, such as the right for timely administration of estates.
 
Last edited:

seniorjudge

Senior Member
Q: Do the beneficiaries have any legal recourse?

A: You need to hire a lawyer, no later than six months after the death.
 

fasterhorses

Junior Member
Executor accountability

The beneficiaries need to get their own attorney so that accountant/executor won't be able to continue to blow you all off without any accountability. Have you all even attended any of the probate court hearings to find out what is going on? Unless he has a valid explanation your attorney needs to review this executor's actions carefully since there could be a possibility of theft/misappropriation of assets that he doesn't want to be found out about.

DANDY DON IN OKLAHOMA ([email protected])
We are all spread out over many states - the original probate hearing happened before we really knew what was going on. I am not familiar with how estates are handled - I wasnt' aware there were any further probate hearings after the initial one!

Probably you are right about hiring an attorney to look at the handling of this estate, but I'd have to do it on my own. If I even hinted to the other beneficiaries that there would be any further delay, I think they'd get rather upset (to put it mildly). I would assume I'd be better off getting an attorney in NJ. I live practically on the other side of the continent, so finding a reputable attorney that wouldn't eat up my inheritance would be a challenge.

I was hoping someone could point me in the right direction for NJ statutes or case law on this subject. I've poked through what I could find online, but there doesn't seem to be any protection for beneficiaries that I could find.
 

HomeGuru

Senior Member
We are all spread out over many states - the original probate hearing happened before we really knew what was going on. I am not familiar with how estates are handled - I wasnt' aware there were any further probate hearings after the initial one!

Probably you are right about hiring an attorney to look at the handling of this estate, but I'd have to do it on my own. If I even hinted to the other beneficiaries that there would be any further delay, I think they'd get rather upset (to put it mildly). I would assume I'd be better off getting an attorney in NJ. I live practically on the other side of the continent, so finding a reputable attorney that wouldn't eat up my inheritance would be a challenge.

I was hoping someone could point me in the right direction for NJ statutes or case law on this subject. I've poked through what I could find online, but there doesn't seem to be any protection for beneficiaries that I could find.
**A: generally probate is in one single state. So go back to Probate Court and litigate. This should light a fire under the slugs butt as the court will set timelines.
 

Zigner

Senior Member, Non-Attorney
I'm not sure I understand something here...


Are you accusing the executor of stalling for his own gain?

Or, are you saying that your aunt chose a meticulous perfectionist who has to make sure EVERYTHING is absolutely correct and air-tight as the executor of her will?
 

seniorjudge

Senior Member
I'm not sure I understand something here...


Are you accusing the executor of stalling for his own gain?

Or, are you saying that your aunt chose a meticulous perfectionist who has to make sure EVERYTHING is absolutely correct and air-tight as the executor of her will?
At this point (two years after the death) that's probably irrelevant.

In other words, the slug's dilatoriness is wrongful in and of itself; if he stole stuff, that just makes it worse (for him).
 

fasterhorses

Junior Member
**A: generally probate is in one single state. So go back to Probate Court and litigate. This should light a fire under the slugs butt as the court will set timelines.
If I contact the probate court in NJ to litigate, I'd have to know what for. That is, is there anything in NJ law that would convince a judge to light such a fire? I wouldn't imagine that the court would appreciate litigation based on whining!
 

HomeGuru

Senior Member
If I contact the probate court in NJ to litigate, I'd have to know what for. That is, is there anything in NJ law that would convince a judge to light such a fire? I wouldn't imagine that the court would appreciate litigation based on whining!
**A: you already told us "what for". What else do you want?
 

fasterhorses

Junior Member
I'm not sure I understand something here...

Are you accusing the executor of stalling for his own gain?
Or, are you saying that your aunt chose a meticulous perfectionist who has to make sure EVERYTHING is absolutely correct and air-tight as the executor of her will?
I'm saying I don't know. The executor never sends any accounting except confusing emails which mostly just say that there's another delay. I certainly hope that he's only a perfectionist, but even if that's what the problem is, I don't want us all to have to wait another year while he makes sure everything is perfect. He has never reported encountering any problems whatsoever, so even a perfectionist shouldn't take forever.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top