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Executors of ills have numerous le!al responsi"ilities following the death of the person who si!ned the ill. Executors have a duty to pro"ate the ill, liquidate assets, pay "ills and taxes, file all necessary court and tax returns, and then distri"ute the assets to "eneficiaries. %n new jersey, the court and &urro!ate do not super$ise how an executor
Executors of ills have numerous le!al responsi"ilities following the death of the person who si!ned the ill. Executors have a duty to pro"ate the ill, liquidate assets, pay "ills and taxes, file all necessary court and tax returns, and then distri"ute the assets to "eneficiaries. %n new jersey, the court and &urro!ate do not super$ise how an executor
Executors of ills have numerous le!al responsi"ilities following the death of the person who si!ned the ill. Executors have a duty to pro"ate the ill, liquidate assets, pay "ills and taxes, file all necessary court and tax returns, and then distri"ute the assets to "eneficiaries. %n new jersey, the court and &urro!ate do not super$ise how an executor
Under New Jersey Law, the person selected as an executor of a ill has numerous le!al responsi"ilities followin! the death of the person who si!ned the ill. #rimarily, they ha$e a duty to pro"ate the ill, liquidate assets, pay "ills and taxes, file all necessary court and tax returns, and then distri"ute the assets to "eneficiaries. %n New Jersey, the court and &urro!ate do not super$ise how an executor or administrator handles the estate. 'n Executor occasionally fails to timely carry out their duties. (hey may fail to file tax returns, fail to )eep records, misappropriate funds or i!nore instructions under the ill. %f a "eneficiary is not satisfied with the handlin! of the estate, they can ha$e an attorney file a *omplaint in the &uperior *ourt to compel accountin!, remo$e the executor, compel filin! of tax returns and see) other relief. (he New #ro"ate &tatute of NJ made a num"er of su"stantial chan!es to the pro$isions !o$ernin! the administration of estates and trusts in New Jersey. Under the United &tates &upreme *ourt *ase, (ulsa #rofessional *ollection &er$ices, %nc., $. Joanne #ope, Executrix of the Estate of +. E$erett #ope, Jr., ,eceased, -./ &.*(. -01. 2-3//4 the #ersonal 5epresentati$e in e$ery estate is personally responsi"le to pro$ide actual notice to all )nown or 6readily ascertaina"le6 creditors of the decedent. (his means that is the executor7s responsi"ility to dili!ently search for any 6readily ascertaina"le6 creditors. %n lieu of a 8ormal 'ccountin! the "eneficiaries will usually "e requested to si!n a 5elease and 5efundin! "ond. %f a "eneficiary has e$idence of misappropriation, they should as) the executor for an informal accountin! prior to si!nin! the 5elease and 5efundin! "ond. *9:#L'%N( 895 '**9UN(%N; < 5E:9V'L 98 E=E*U(95 ' *omplaint for 'ccountin! is filed in the &uperior *ourt #ro"ate #art to request on accountin!, remo$al of the current executor and selection of a new person to administer and wrap up the estate. &ee 5ule - 1>/?@- ' si!ned certification of one or more "eneficiaries is needed. %n addition, an 9rder to &how *ause is prepared "y the attorney. (he 9rder to &how *ause is su"mitted to "e si!ned "y the Jud!e directin! the executor to file a written answer to the *omplaint, as well as appear "efore the court at a specific date and time. (he NJ Judiciary we"site has a model form 9rder to &how *ause. 's with a liti!ated court matter, trials can "ecome expensi$e. *ompetent elder lawApro"ate attorney may char!e an hourly rate of BC?D@B1.. per hour, with a minimum retainer of B0,... needed. :ost attorneys require the retainer to "e paid in full up front. (he plaintiff can request the followin!> 2-4 (hat the named executor "e ordered to pro$ide an accountin! of the estate to plaintiff. 2C4 ,efendant Executor "e ordered to pro$ide an accountin! for all assets of decedent dated fi$e years prior to death that defendant may ha$e administrated throu!h a #ower of 'ttorney. 204 #ayment of plaintiffEs attorneyEs fees and costs of suit for the action. 214 ,eclarin! a constructi$e trust of the assets of the decedent for the "enefit of the plaintiff and the estate. 2D4 (hat the executor "e remo$ed as the executorAadministrator of the estate and that the plaintiff "e named as 'dministrator *.(.'. or administrator of the estate. 2F4 (hat the executor "e "arred from spendin! any estate funds, "e "arred from payin! any "ills, "e "arred from ta)in! a commission, "e "arred from writin! chec)s, "e "arred from actin! on "ehalf of the estate, except as specifically authoriGed "y &uperior *ourt 9rder or written consent "y the plaintiff. (he statue on remo$in! the Executor for cause is NJ&' 0B>-1@C-. 9BJE*( (9 E=E*U(95E& *9::%&&%9N& C Under NJ&' 0B>-/@- et seq., Executors, administrators and other fiduciaries are entitled to recei$e a commission on "oth the principal of the estate, and the income earned "y assets. +owe$er, if you ha$e e$idence that the executor has "reached their fiduciary duties or $iolated a law, the &uperior *ourt accountin! complaint can request that the commissions "e reduced or eliminated. *9:#EL (+E &'LE 98 5E'L E&('(E 'N, 9(+E5 #59#E5(H 9ccasionally, a family mem"er is li$in! in a home owned "y the decedent. (o )eep family harmony, often this family mem"er is permitted to remain in the home temporarily. +owe$er, it may later "ecome clear that the resident has no desire on mo$in!, and the executor has neither an intention to ma)e them mo$e nor to sell the house. (he remedy a "eneficiary has can "e to ha$e the attorney include in the &uperior *ourt complaint a count to -4 remo$e the executor C4 remo$e the tenant and ma)e them pay rent to the estate for the time they used the real property since death without payin! rent 04 compel the appraisal of the home and, thereafter, the sale of the property 14 ma)e the executor reim"urse the estate for the ne!lect or waste of assets. Removal for cause of Executor NJSA 3B:14-21 (he court may remo$e a fiduciary from office when> a. 'fter due notice of an order or Iud!ment of the court so directin!, he ne!lects or refuses, within the time fixed "y the court, to file an in$entory, render an account or !i$e security or additional securityJ ". 'fter due notice of any other order or Iud!ment of the court made under its proper authority, he ne!lects or refuses to perform or 0 o"ey the order or Iud!ment within the time fixed "y the courtJ or c. +e has em"eGGled, wasted or misapplied any part of the estate committed to his custody, or has a"used the trust and confidence reposed in himJ or d. +e has remo$ed from the state or does not reside therein and ne!lects or refuses to proceed with the administration of the estate and perform the duties and trust de$ol$in! upon himJ or e. +e is of unsound mind or mentally incapacitated for the transaction of "usinessJ or f. 9ne of two or more fiduciaries has ne!lected or refused to perform his duties or to Ioin with the other fiduciary or fiduciaries in the administration of the estate committed to their care where"y the proper administration and settlement of the estate is or may "e hindered or pre$ented. %n addition, 6a court may in$o)e its equity powers to remo$e Kan executorL.6 %n re ,u)e, 0.D N.J. &uper. 1./, 10/ 2*h. ,i$. -33D4 2citin! %n re KoretG)y, / N.J. D.F, D0. 2-3D-44. +owe$er, a Iud!e should "e particularly reluctant to remo$e a fiduciary chosen "y the decedent, *onnelly $. eisfeld, -1C N.J. Eq. 1.F, 1-- 2E. < '. -31/4, and the foremost concern when such an act is contemplated should "e whether the executorEs continued ser$ice would "e detrimental to the estate. olosoff $. *&% Liquidatin! (rust, C.D N.J. &uper. 013, 0F. 2'pp. ,i$. -3/D4 (he critical question is M 6whether the circumstances are such that the continuance . . . in office would "e detrimental to the KestateL and require the court to !rant relief.6 olosoff, supra, C.D N.J. &uper. at 0F.. (hus, mere friction "etween an executor and "eneficiaries is not a 1 !round for remo$al unless the relationship is li)ely to 6interfere materially with the administration6 of the estate. %"id. Estate liti!ation is often acrimonious, "ut the remo$al of an executor appointed "y the decedent is !enerally to "e a$oided. *onnelly, supra, -1C N.J. Eq. at 1--. 6;enerally, in order for friction or hostility "etween the "eneficiary and trustee to form the "asis for remo$al, there must "e a demonstration that the relationship will interfere materially with the administration of the trust or is li)ely to do so.6 olosoff, supra, C.D N.J. &uper. at 0F.@F-. (here also must "e proof that the friction or hostility arose out of the trusteeEs "eha$ior. %"id.J &tarr $. iley, /3 N.J. Eq. ?3, 3. 2*h. -3-/4 *9N*LU&%9N New Jersey is considered a Npro"ate friendlyO state since the executors are not required to o"tain court appro$als for most actions. +owe$er, if the Executor is not complyin! with state law, in NJ the only recourse a "eneficiary has is to file a complaint and 9rder to &how *ause. #lannin! can only "e done while someone is competent and ali$e. :a)e sure your assets can "e passed directly to your lo$ed ones. Kenneth '. Vercammen is a :iddlesex *ounty trial attorney who has pu"lished -CD articles in national and New Jersey pu"lications on liti!ation topics. +e has "een selected to lecture to trial lawyers "y the 'merican Bar 'ssociation, New Jersey &tate Bar 'ssociation and :iddlesex *ounty Bar 'ssociation. *all our office to schedule a confidential appointment ?0C@D?C@.D.. D KENNE! "ER#A$$EN % ASS&#'AES( )# A&RNE* A +A, C.D0 ood"rid!e '$e. Edison, NJ .//-? 2#hone4 ?0C@D?C@.D.. 28ax4 ?0C@D?C@..0. we"site> www.nIlaws.com F