Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Burlington County Personal Representative Liability.

Posted on Tue Sep 29, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: What is my Burlington County Personal Representative Liability, in other words, can the Beneficiaries sue me?

Most Recently Updated July 20, 2018.

“If I agree to serve as the Personal Representative, can the beneficiaries sue me?”

How does Probate work in Philadelphia County?

Burlington County Personal Representative Liability

Burlington County Personal Representative Liability

Serving as the estate’s Personal Representative means you will then have a fiduciary duty to all beneficiaries to act in their best interest. The position comes with broad powers. Furthermore, you are mostly unsupervised by the Surrogate.

To counter these broad powers, the beneficiaries are given the right to petition Surrogate’s Court to review every action and expense. Should the court find that any act of yours reduced their inheritance, the judge could choose to surcharge you (fine you) to make up for any loss.

Remember, the beneficiaries don’t need to “win” their case. They have a right to force an accounting as a matter of right. Keep excellent records, try to defuse disputes before they boil over, and get excellent legal advice.

Hire an Experienced Lawyer

To protect you, New Jersey rules give you the right to use estate funds to hire an experienced probate lawyer. A good probate attorney will also make sure that you receive a full release of liability from the beneficiaries. You should receive this release before giving any distributions.

A Probate Attorney can also help you obtain releases throughout the Probate. For example, if a house is being sold the beneficiaries can be asked to agree with the sale price or even sign the deed. The situation will dictate the strategy, but you can see that once they have accepted a plan of action, it becomes more difficult later to argue successfully that you made a bad decision. 

Even the most friendly families can have disputes.  Your Probate Attorney can help keep communications going should there be a small dispute, preventing the small dispute from becoming a large fight. At times simply having a letter come from an attorney rather than yourself can help de-escalate a potential conflict.

More Probate Questions?

Preventing Burlington County Personal Representative Liability 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: Burlington County Personal Representative Liability

I hope that this article was helpful in explaining how to prevent liability suits. 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!

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

Tags:

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

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Anna B.

Professional, cheerful, thorough and fast. Peter responded to my request for a consultation right away, and within just a few days my last will and living will were done. Rates are standard.

Klenk Law Logo
Stars

AJK

Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

Klenk Law Logo
Stars

Joe Peters

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Klenk Law Logo
Stars

A Google User

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Klenk Law Logo
Stars

Ian Marchant

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Let us put our expertise to work for you.

Free consultation within 24 hours.