From our “Ask a Question” Mailbag: Avoiding Ex-Spouse Drama as an Atlantic County Executor

Most Recently Updated July 14, 2018.

“I am the personal representative of my brother’s Atlantic 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 an Atlantic County Executor

Avoiding Ex-Spouse Drama as an Atlantic County Executor

This is one of those situations where no good deed goes unpunished. 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 an experienced law firm 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. The Attorney will file a Formal Accounting and be prepared with responses to objections.

Further Estate Litigation Questions?

Avoiding ex-spouse drama 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: Avoiding Ex-Spouse Drama as an Atlantic County Executor

I hope that this article was helpful in explaining how to avoid conflict. 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 Litigation and Probate 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.

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