Executor Shenanigans

[dbaccaro]

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

My mother died in August 2012. Son John was named executor in the will but he declined. Son Jim was named as second executor which he accepted. Mom specifically disinherited three of four surviving daughters.

Our mother left no money that I know of, however the situation has made me suspicious that if there were money, I would never know. Also, I believe there were only household belongings minus the jewelry that was specified in the will to go to sister Marge.

Our brother Jim went about the duties of executor updating only the siblings he wanted. My twin and myself (sons) were never contacted. I've texted him the last two months for a copy of the will, but he stalls and deflects. I finally obtained a copy from the courthouse.

The disposition of my mothers’ belongings proceeded without our knowledge. Furthermore, two of the three sisters that were disinherited were allowed to take belongings as well as an aunt whom my mother refused to see while in the hospital, and was not in the will.

Do I have any recourse to recover these items, and/or sue the executor?

I wasn't sure whether to post this here or in Executor. Sorry for any inconvenience.

 

[tranquility]

If you were not an heir, why would you need to be kept up to date?

 

[TrustUser]

If you were not an heir, why would you need to be kept up to date?

hi tq,

i think he is part of the inherited ? only 3 daughters were dis-inherited.

 

[dbaccaro]

hi tq,

i think he is part of the inherited ? only 3 daughters were dis-inherited.

That's correct, I am one of the inherited. Also, it was specified only what my sister Marge would inherit. The four boys (and presumably) Marge would then amicably split the rest of the belongings. Sorry for the confusion, thanks for the replies.

 

[TrustUser]

That's correct, I am one of the inherited. Also, it was specified only what my sister Marge would inherit. The four boys (and presumably) Marge would then amicably split the rest of the belongings. Sorry for the confusion, thanks for the replies.

were there any titled assets distributed by the will ? (bank accounts, real estate, etc.)

or are we just talking about personal stuff ?

i am no will expert, but i think it would be hard to find an attorney who would take on a case that was mostly about family squabbling about mementos, etc.

i do not mean to belittle your desires for them, as they are often some of the things that are most important to us. it is just that i dont see legal means as having much of a chance of doing anything ?

any chance of personal reconciliation amongst some of the family members who are not too fond of one another ?

 

[dbaccaro]

were there any titled assets distributed by the will ? (bank accounts, real estate, etc.)

or are we just talking about personal stuff ?

i am no will expert, but i think it would be hard to find an attorney who would take on a case that was mostly about family squabbling about mementos, etc.

i do not mean to belittle your desires for them, as they are often some of the things that are most important to us. it is just that i dont see legal means as having much of a chance of doing anything ?

any chance of personal reconciliation amongst some of the family members who are not too fond of one another ?

Allow me to rephrase the question. I don't even care about the belongings. Two of my sisters that were specifically disinherited on my mothers will were allowed to go through her house as if it were a yard sale. Two sons that were not disinherited were never notified to come to the house. Is the executor either negligent or fraudulent in this scenario?

 

[LdiJ]

Allow me to rephrase the question. I don't even care about the belongings. Two of my sisters that were specifically disinherited on my mothers will were allowed to go through her house as if it were a yard sale. Two sons that were not disinherited were never notified to come to the house. Is the executor either negligent or fraudulent in this scenario?

You didn't answer the question and its important...was it "stuff" rather than actual hard assets? I will go further and add, how valuable was the "stuff"?

Just to give you an example of something, the executor could have (totally legally) had a yard or estate sale and sold everything in the home, and donated the balance to goodwill. The executor could then have used the money first to cover final expenses, and then distributed the remainder of the cash according to the will.

The executor may have breached their fiduciary duty in allowing the disinherited sisters to take any of mom's possessions. However, the value of those possessions matters...because all you could force the executor (via court) to make good on was the value of those possessions.