From our “Ask a Question” mailbag: My husband’s aunt willed him a share of the proceeds of her jewelry, but the executor told us that the money was mine and sent me a check. We looked up the will ourselves at the Gloucester County Surrogate, and it looks like my husband should get more money. The executor will not answer our questions, so what can we do?
As an heir listed in the will, your husband has the legal right to force the executor to account for the estate. New Jersey has a system where the executor, or personal representative, is given a great deal of freedom without official oversight. This system relies on the heirs bringing mismanagement to the Surrogate’s attention. In your husband’s case, he could have us file a Petition for Accounting and the judge would force the executor to answer your questions and explain when the remaining assets will arrive.
If you have questions about Probate or Estate Litigation in Gloucester County, feel free to contact our office for a free consultation.