Blog & Resources

From Our “Ask a Question” Mailbag: “My brother was named the executor for my mother’s estate. He has moved into the house and now refuses to answer my calls. What are the grounds for removal of an executor?” Grounds for Removal of an Executor. An Executor is a fiduciary who […]

From Our “Ask a Question” Mailbag: “My brother named me as the executor in his will.  I am not sure that I want to have this job. What Are The Executor’s Duties?” What Are The Executor’s Duties? No one can force you to serve as executor. If a Will names […]

From Our “Ask a Question” mailbag: How Does An Executor Recover Stolen Property? “My father was an avid hunter and assembled an impressive gun collection. I am the executor of his Will, and he divided the collection between my sister and myself. During his funeral, my sister left the funeral, drove […]

Ask a Question” mailbag: Isn’t it true that theft from estate disqualifies beneficiary from inheriting from that estate? “As the executor of my mother’s estate I was able to prove that my brother stole from my mom. The judge ordered him to return the money. My mother’s Willdivides the assets between all the children equally. Is my brother disqualified from inheriting his share?”

From Our “Ask a Question” mailbag: “My Uncle died 4 months ago in Burlington County, New Jersey. I am in the Will. How long does it take to get an Inheritance?”

The time it takes to get an inheritance can vary widely between estates in New Jersey. Many factors that can impact a Personal Representative. The concern I have is that the Personal Representative is not adequately communicating his or her plan of action. An Executor or Personal Representative should clearly communicate to you an estimate of when you are receiving your inheritance.

From our “Ask a Question” mailbag: The attorney handling my uncle’s Bucks County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. There are no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?

From our “Ask a Question” mailbag: My mother died a resident of Lehigh County, Pennsylvania survived by three sons. She had no will. One of my brothers has signed a renunciation giving me the right to serve as the Administrator. My other brother is homeless and I don’t know where he is, what can I do?

From our “Ask a Question” mailbag: My children would just endlessly fight each other, so I want to name a lawyer as my executor. I see most lawyers charge a percentage of the estate to serve as executor, but your website says you charge by the hour. Which is better?

From our “Ask a Question” mailbag: My friend who lives in Philadelphia asked me to pay off his bills from his checking account if he passes away. Am I able to use that as proof or do I need something signed saying so?

From our “Ask a Question” mailbag: 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?

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.