From our “Ask a Question” Mailbag: Camden County Executor Abuse of Power Allegations

Most Recently Updated July 16, 2018.

“For years, my parents lent money to my cousin and his wife to pay their children’s education. To my surprise, at their deaths, my cousin’s wife was named executor. She “hired” my cousin who is a CPA to handle the estate’s books. Over a year has passed and they refuse to give me any information about the estate and are calling the loans to them, “gifts”. What can I do?”

Camden County Executor Abuse of Power Allegations

Camden County Executor Abuse of Power Allegations

I take it that you are the residuary beneficiary of the will? If so, you have the right to demand through a formal accounting to know where every penny went and a justification for every expense. You also have a right to investigate whether all those years of funding education and other money transfers were gifts or loans.

If they were loans, then part of the estate’s rights are to claim payment. There might be nothing in writing, which then makes this claim difficult, but you even have a right to see the canceled checks to see if “loan” is written on them, or to examine the check register for similar details. Speed is an issue, as banks only keep records for 7 years. If some of those gifts are from more than 7 years ago, starting this process is necessary to secure records. We can certainly help you with this process—we have many similar cases at the moment.

Further Estate Litigation Questions?

An executor possibly abusing the power 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: Camden County Executor Abuse of Power Allegations

I hope that this article was helpful in explaining what steps you can take in preventing abuse of power. 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 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!

Tags: Breach of Fiduciary Duty, Camden County, Duties and Responsibilities, Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, Executor, Fiduciary Duty, Formal Accounting, Litigation, New Jersey, Standard of Care for Fiduciaries