Requesting a formal accounting from executor

[solange]

What is the name of your state? I am a US citizen, residing out of the country. My father a resident of NJ passed away last July. My sister is the executrix of the estate which according to my father's will is divided equally between us. She has not communicated any information about the probate of the will to me since she filed for probate almost a year ago. She has placed my father's house up for sale, without my knowledge and it is under contract. Does she have the right to do this, and at any price she determines? I read that I can file for a formal accounting but may need a lawyer. What legal rights do I have and what can I do. I would like to avoid taking my sister to court.What is the name of your state?

 

[seniorjudge]

What is the name of your state? I am a US citizen, residing out of the country. My father a resident of NJ passed away last July. My sister is the executrix of the estate which according to my father's will is divided equally between us. She has not communicated any information about the probate of the will to me since she filed for probate almost a year ago. She has placed my father's house up for sale, without my knowledge and it is under contract. Does she have the right to do this, and at any price she determines? I read that I can file for a formal accounting but may need a lawyer. What legal rights do I have and what can I do. I would like to avoid taking my sister to court.What is the name of your state?

Q: Does she have the right to do this, and at any price she determines?

A: It depends on what the will says; generally, property of any kind (real, personal, mixed) must be sold at fair market value.


Q: I read that I can file for a formal accounting but may need a lawyer.

A: Correct.


Q: I would like to avoid taking my sister to court.

A: Then don't ask for a formal accounting.



First thing you need to do is get a complete copy of the file from the probate court. After you read all that stuff, you may or may not want a lawyer.