Skip to Content

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

Klenk Law

Is the Personal Representative personally liable to the estate beneficiaries?

Posted on Fri Oct 30, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: New Jersey Personal Representative Liability

Most Recently Updated July 31, 2018.

“I filed my father’s will with the Surrogate and was named the Personal Representative, but am having second thoughts. My family is litigious. Can I be sued and found personally liable?”

Will Contests

New Jersey Personal Representative Liability

New Jersey Personal Representative Liability

By accepting the position of Personal Representative you became a fiduciary with a duty to the beneficiaries. If your family is litigious, you are right to be concerned. All the beneficiaries have the right to petition the Surrogates Court and ask the court to surcharge you should they feel any action you took reduced their inheritance. This could be a sale of land at too low a price, a fee you paid to a creditor, or even your salary.

Don’t give the beneficiaries any money until you have received from them a full release of liability!

The Right to Use Estate Funds

Because of this chance of liability, New Jersey allows every Personal Representative the right to use estate funds to hire an experienced probate lawyer to represent them. One of the probate attorney’s jobs is to keep you out of trouble, and to secure for you a full release of liability. Given that the heirs are litigious, you would be well advised to retain an experienced estate attorney with litigation experience to represent you.

More Probate Questions?

New Jersey 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: New Jersey Personal Representative Liability

I hope that this article was helpful in explaining New Jersey 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!

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

Tags:

Executor, Fiduciary Duty, New Jersey, Probate, Probate Attorney, Probate Lawyer, Standard of Care for Fiduciaries, Surrogate

What Our clients are saying

Klenk Law Logo
Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Klenk Law Logo
Stars

Peter and his associates were a pleasure to work with. He explained the process clearly and provided assistance nearly instantaneously. Highly recommended for trusts-and-estates-related needs!

Klenk Law Logo
Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Klenk Law Logo
Stars

Peter and the whole team at Klenk Law are top notch. They are thorough, efficient and understanding of client needs. He was able to tailor our estate planning needs just how we envisioned.

Klenk Law Logo
Stars

Integrity, exceeding the client's expectations. In-depth knowledge of the law

Let us put our expertise to work for you.

Free consultation within 24 hours.