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!
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!