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Tag: Executor

30 Aug, 2016

Does Theft Disqualify A Beneficiary From Inheriting?

Theft-Disqualify-A-Beneficiary-From-Inheriting

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?”

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17 Aug, 2016

In New Jersey How Long Does It Take to Get an Inheritance?

Inheritance

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.

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30 Oct, 2015

Is the Personal Representative personally liable to the estate beneficiaries?

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.

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19 Oct, 2015

Can I be sued as the estate’s personal representative in Camden County?

From our “Ask a Question” mailbag: My aunt’s will names me as her personal representative and divides the estate between all her nieces and nephews. We are not a close family and there have been disputes in the past. I am worried that my cousins will be angry that I was named the personal representative and may cause trouble. Can they sue me as the personal representative?

If you agree to be sworn in by the surrogate as the estate’s personal representative, then you have a fiduciary duty to all beneficiaries to act in their best interest. You will be given broad powers and will be largely unsupervised by the Surrogate. To counter these broad powers the beneficiaries are given the right to Petition Surrogate’s Court to review every action and expense.

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4 Sep, 2015

Is an executor for a Chester County estate liable for damages?

From our “Ask a Question” mailbag: My mother named me executor, but I don’t get along so well with my brother and I am afraid he will sue me. Can I be personally liable as the executor?

The executor is a fiduciary, owning a duty of care to the beneficiaries. If your brother is an heir, he has the right to review all actions you have taken as executor and, if he feels any action you took reduced his inheritance, as the judge to surcharge you (fine you) so he receives the correct inheritance.

In many ways, being executor is a thankless task.

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Dave Wong

Very easy to deal with. Like the fact they are focused on estate planning and their expertise in this area shows. Peter and staff were helpful and easy to communicate with.

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Anand Gupte

We worked with the firm to update our Estate Plan. The whole team made the process simple and easy. Thanks!

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Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

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Var IAMPhilly

Overall I great experience with Daniella and the rest of her team to work with me for my fathers estate. Never was an issue that couldn’t be fixed. I highly recommend klenk Law firm.

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John Rutigliano

Called and spoke to Juliet, she was very helpful and professional!

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