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Update on previous post "removal of executor"

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scarlett1033

Junior Member
What is the name of your state (only U.S. law)? NJ

Hi All. I just wanted to give an update on my previous post of "petition for removal of executor" My FIL, who murdered my MIL in April and is awaiting trial, refused to renounce his rights to executorship. My brother-in-law and I met with a lawyer yesterday and were told that in regards to settling my MIL's estate, there is nothing we can do until there is a trial and a conviction.

What he would like us to do however is to file a lawsuit that would put a temporary "restraining order" on any assets of my MIL's that he would have either been a beneficiary of or held jointly (like stocks, bank accounts and proceeds from the sale of their house). There is a life insurance policy worth quite a bit, but he is not named as the beneficiary, its to the estate.

Anyway, this lawsuit would cost anywhere from $10,000 to $20,000. The stocks are only worth $7000 and there will most likely not be any money to be made on the sale of the house.

So, we are thinking that it would not be worth it to pursue this lawsuit. What we are afraid of though is that somehow he could get his hands on the life insurance. We want to make sure that as long as the beneficiary is the estate, that he can't touch it. Can anyone here back that up? Also, we've placed a caveat on the will as well to prevent anyone from messing with anything. If these measures are enough then we will not pursue a lawsuit.

I'd love to hear any advice or thoughts on these plans. Thanks in advance!
 


anteater

Senior Member
Of course, settling the estate can't be done until FIL's trial.

But did you discuss asking the court to appoint a temporary administrator who would have the authority to make the claim with the life insurance company?
 

scarlett1033

Junior Member
We told him our goal was for my BIL to become executor and he told us that our only option right now was to do the lawsuit that would put a "temporary restraining order" on any assets until there is a trial.

I will have my BIL call and see if this is a possibility.

If not, I just want to be sure that the life insurance can't be touched by FIL or his sister, who is his power of attorney. My BIL called the State of NJ Dept. of Pensions and Benefits to make sure that the estate is named the beneficiary, and it is.

We would rather wait until the trial, if we know that the life insurance is safe. So, if the beneficiary is the estate, then the only person who can collect is the executor, right?

If it happens that my BIL can become the temp. administrator and is able to get the money, would my FIL or his sister be able to file a claim against us if they found out?

Also, one more thing...there is a 401K that FIL is named beneficiary of. Are we legally able to "put them on notice"? What I mean is can we call them up and say that the beneficiary is accused of the owner's murder, please do not pay out any benefits until there is a trial.

Sorry for asking so many questions. I just want to make sure we are taking the correct steps and not spending too much money in the process.
 

scarlett1033

Junior Member
So confused now!! I just spoke with someone from Superior Court who told me that there can't be a temporary administrator. Plus I mentioned that we met with an attorney who said to file a lawsuit and place a temporary restraining order on assets and she said to me "there are no TRO'S"...whatever that means. I think what she was trying to tell me was that its not temporary, but what the attorney plans on doing is correct. BTW, she kept getting calls and had to put me on hold a few times, so talking to her was kind of frustrating. So, I know this post does not make a whole lot of sense.

Anyway, just wanted to give that brief piece of info. Thanks!
 

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