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Klenk Law

Avoiding Ex-Spouse Drama as a New Jersey Executor

Posted on Mon Feb 2, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Avoiding Ex-Spouse Drama as a New Jersey Executor

Most Recently Updated July 8, 2018.

“I am the Executor of my Brother’s Burlington County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as Executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?”

Avoiding Ex-Spouse Drama as a New Jersey Executor

Avoiding Ex-Spouse Drama as a New Jersey Executor

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

If you take any action that reduces the inheritance, your former sister-in-law could object on behalf of the minor children and ask that you be surcharged. The judge does have the power to make you use your own money to make up for any mistake that reduces the children’s inheritance.

Your Best Option?

Your best option is to retain a law firm that has both an active Probate Department to assist you with probating the estate and an active Estate Litigation Department to help you prepare for your former sister-in-law’s inevitable objections.

This way the estate will be completed in an efficient manner and perhaps she will see that there is no use in objecting. If she objects anyway, the Estate Litigation Attorney can help file a Formal Accounting and be prepared with responses to objections.

More Probate Questions?

Avoiding ex-spouse drama as a New Jersey Executor is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Avoiding Ex-Spouse Drama as a New Jersey Executor

I hope that this article was helpful in explaining how to avoid drama. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Further Estate Litigation Questions?

Litigation preparation for potential challenges is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.

In Conclusion: 

I hope that this article was helpful in explaining how to be prepared for any potential challenges. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.

Wills, Trusts, Probate, and Estate Litigation It’s All We Do!

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Burlington County, Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, New Jersey, Probate Attorney, Probate Lawyer

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