Klenk Law

Precautions to Avoid Liability as a New Jersey Executor

Posted on Thu Mar 5, 2015, on Estate Litigation

From our “Ask a Question” Mailbag: Precautions to Avoid Liability as a New Jersey Executor

Most Recently Updated July 10, 2018.

“I am the personal representative of my brother’s Gloucester County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?”

Precautions to Avoid Liability as a New Jersey Executor

Precautions to Avoid Liability as a New Jersey Executor

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as the personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

If you take any action that reduces the inheritance, your former sister-in-law could object on behalf of the minor children and ask that you be surcharged. The judge does have the power to make you use your own money to make up for any mistake that reduces the children’s inheritance.

What is your best option?

Your best option is to retain a law firm that has both an active Probate Department to assist you with probating the estate and an active Estate Litigation Department. We can help you prepare for your former sister-in-law’s inevitable objections. This way the estate will be completed in an efficient manner. And, perhaps she will see that there is no use in objecting. If she objects anyway, the Litigation Attorney can help file a Formal Accounting. 

Further Estate Litigation Questions?

Executor protection 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: Precautions to Avoid Liability as a New Jersey Executor

I hope that this article was helpful in explaining precautions to avoid liability as a New Jersey 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 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.

Tags:

Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, Formal Accounting, Gloucester County, Informal Accounting, New Jersey

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