Can I be sued as the estate’s personal representative in Camden County?
Posted on Mon Oct 19, 2015, on Probate and Estate Administration
From our “Ask a Question” Mailbag: Camden County Personal Representative Liability
Most Recently Updated July 31, 2018.
“My aunt’s will names me as her personal representative and divides the estate between all her nieces and nephews. We are not a close family and there have been disputes in the past. I am worried that my cousins will be angry that I was named the personal representative and may cause trouble. Can they sue me as the personal representative?”
Camden County Personal Representative Liability
If you agree to be sworn in by the surrogate as the estate’s personal representative, then you have a fiduciary duty to all beneficiaries to act in their best interest. You will be given broad powers and will be largely 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 action of yours reduced their inheritance, the judge could choose to surcharge you (fine you) to make up for any loss. 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.
More Probate Questions?
Camden 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: Camden County Personal Representative Liability
I hope that this article was helpful in explaining Camden County Personal Representative Liability. 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!
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Tags:Camden County, Executor, Fiduciary Duty, New Jersey, Probate, Probate Attorney, Probate Lawyer