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Klenk Law

Keeping an Eye on the Executor in Atlantic County

Posted on Tue Nov 11, 2014, on Estate Litigation

From our “Ask a Question” Mailbag: Keeping an Eye on the Executor in Atlantic County

Recently Updated July 7, 2018

“I think the executor of my mother’s estate in Atlantic County, NJ, is not doing what he needs to do. Is there something that I can do to stop him?”

Keeping an Eye on the Executor in Atlantic County

Keeping an Eye on the Executor in Atlantic County

Beneficiaries of Atlantic County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.

What steps should I take in keeping an eye on the Executor in Atlantic County?

When we are asked about what steps a beneficiary can take to keep an eye on the executor, I will outline various options, such as:

  • Reviewing the estate’s file at the Atlantic County Surrogate’s Office. The executor is required to make certain, timely filings with the Surrogate. These filings may hold valuable information about the executor’s progress…or lack thereof.
  • Contact the executor’s attorney to let that attorney know that you have now retained an attorney experienced in Atlantic Probate and an attorney experienced in the Atlantic County Surrogate Court. Sometimes an executor just needs a “nudge” from a lawyer to compete the estate.
  • Request an Informal Accounting and copies of the estate’s tax returns. We would then review these documents with you for accuracy. Some executors make mistakes on these documents that are difficult for a non-Probate Attorney to recognize.
  • Threaten to file a Petition for Formal Accounting and possibly a Petition to Remove the Executor. Sometimes it is necessary to go to court. This is a threat our firm can back up, as we have both a Probate and a Atlantic Surrogate Court Litigation department.

What is a good plan of action?

The exact plan of action taken whenever a Beneficiary asks us to keep an eye on an executor will depend on the exact facts of the case and the relationships between the interested parties.

Some executors are slow to close an estate because of legitimate reasons, but at other times it is because they are lazy, emotionally unable to complete the job, spiteful or they can even be criminals using delay to cover their theft. When a Atlantic estate is not being handled in a manner you think appropriate, it is a good idea to have an experienced Atlantic Probate and Surrogate Court lawyer on your side.

Further Estate Litigation Questions?

Keeping an eye on the Executor in Atlantic County 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: Keeping an Eye on the Executor in Atlantic County, NJ

I hope that this article was helpful in explaining the steps needed to keep an eye on the executor. 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 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:

Atlantic County, Breach of Fiduciary Duty, Duties and Responsibilities, Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, Executor, Fiduciary Duty, New Jersey, Standard of Care for Fiduciaries

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I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

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