Estate Litigation Legal Questions

It depends on the nature of the debt and how the assets of the estate are held.  There is a priority to paying off the debts, so if you do not think there is enough in the estate to pay everything off, you have to have the estate declared insolvent and pay off the priority debts first, and then a portion to each remaining creditor.  The only assets that have to be used are those in the estate.  If you were the joint owner of an account, or things passed to you by right of survivorship, then those assets are not in the estate, and do not have to be used to pay off debts. ... Read More

You can object to the appointment of the person as administrator.  If you agree you can sign a consent and let one person serve.  If you do not agree and do not sign you can object, and there will be a hearing.  Contact the county in which the decedent lived and find out if anyone has been appointed as the administrator of the estate. ... Read More

The fiduciary duty of an executor is a high standard. There is a long list of duties to undertake. Your probate attorney can talk to you in detail but some big ones: - Get named Executor by the probate court; - Inventory all assets; - Send out statutory notices required by law;  - Ascertain all creditors and send them notice of the probate;  - Determine the heirs; - Make sure assets are properly insured during probate; - File petition, get order from court and distribute assets! Good luck. -John... Read More

This is a difficult question to answer without reviewing the trusts that are involved. I am assuming that the boyfriend's trust states that you and your siblings each receive $10,000 and the remainder of his estate is to be divided among his children. If that is the case and your mother's trust was not followed you may have a potential claim, especially if your mother's boyfriend was the trustee of her trust.  In order to give you a clear answer though of what your rights/options are though I would need to review the documents. Hope this helps! Jon... Read More

The way that the profits from the sale were distributed is perfectly fine.  If one of the children objected, the child would have had to show that he or she contributed to the purchase or upkeep of the house.  As you said, the names were put on the deed to avoid probate, not because nay party had an interest in the property.... Read More

It is difficult to put an exact figure on the cost.  It depends on what type of probate in required and the complexities of collecting and distributing the property and paying the bills.   Filing fees to probate a will are going to be around $330.00.  The cost of publishing notice in the paper can run from $75.00 to over $200.00 depending on what the local paper charges.  Each certified letter will cost $6.00 in postage.  It is sometimes necessary to hire surveyors or appraisers or other professionals to evaluate the assets of the estate.  Attorneys fees in my area range from $2000 and up depending on the complexities of the estate and time needed to handle the estate.   If the deceased person owned real estate it will be necessary to probate the will in order to show passage of title from the deceased person to the heir or heirs.   Most attorneys will give you a free consultation regarding the matter.  You may wish to contact an attorney in your area to get a better idea on the costs.   I hope this helps you.   Russel L. Robinson... Read More

If your sisters are willing to  let you live there and pay the expenses of the house, fine. However, if they were to go to court, it is quite likely that a time would come that the house would be sold and you would no longer be able to reside there. You should consult with qualified counsel, as depending on the facts, there are several ways to deal with this problem. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More

All these questions, are they are unresolved, are reasonable for you to ask. There are various proceedings that you can commence in the Surrogate Court, towards compelling your sister to account and/or distribute the assets. However, before embarking on litigation, it would be extremely worthwhile to first, consult with qualified estate counsel and determine a strategy. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More

You have the right to be a party to the foreclosure action, receive notice, and participate in the proceedings.  If the foreclosure was started while the decedent was alive, and then the property owner died during the foreclosure, the foreclosure complaint has to be amended to include the estate.  You should notify the foreclosure attorney that the property owner is deceased, that you are the executor, and you want all of the pleadings.   ... Read More

There is no formal "reading of the will".  The will cannot be admitted to probate until the 11th day after the date of death - there is a mandatory ten day waiting period - so they will not have any authority to do anything until the 28th at the earliest.  If you paid rent, or helped with utilites or made any other contribution to the house, you might be able to claim a landlor/tenant type of relationship.  NJ law is very pro-tenant - so you might be able to buy yourself some time. ... Read More

you can file a demand for an accounting.  Call the surrogate's office and ask for assistance in filing this demand.  In some counties, the necessary forms are online and you can do this yourself.  there might have been some requirement in her appointment that she file an accounting, and you should ask the surrogate's court that too.  The funds that are going to the children will have to have an inventory and accounting filed also - so its possible that an accounting will be required, and it just hasn't been done yet.  I know a year seems like a long time to resolve something like this, but a wrongful death claim can take much longer. ... Read More

The answer depends on what the will says.  if the will states that all estate expenses, including taxes, are to be paid from the estate, then that inheritance tax must be paid from the assets of the estate.   If the will is silent as to who pays taxes, an argument could be made that the person that receives the bequest pays the taxes due on that bequest.... Read More

You can absolutely demand an accounting of the estate to see the expenses that were paid and the distributions made.  It is not good practice to pay some of the beneficiaries and not all of them, especially since those that were paid are family members of the executor.  You should make a "formal" demand for an accounting, do it in writing, and put a time limit on it like 20 days.  If the executor does not provide an accounting, or any response. you should contact the probate office in the county in which your mother's estate was admitted to probate, and ask about filing a claim against the estate.   Good luck.... Read More

If he dies and owns property in his name, an estate may be opened. Property will pass from the estate in accordance with his will. If she is mentioned in the will, she may inherit. If there is no will, the law in most states dictates that property passes to lineal heirs (family). Check with a AR lawyer.  ... Read More

I would call the Surrogate's Office in the County in which the Accountant's estate was admitted to probate, probably where the accountant's office was.  The clerks there wll be able to give you some direction.  You can get a copy of the will, see who was appointed, whether a bond or accounting was required, and possibly demand an accounting, which would answer many of your questions.   ... Read More

You most likely will have to join in the ongoing litigation with the estate, removing the executor, etc.  I don't think that you can put a lien on the property, but you should be noticed in the foreclosure, and be given the opportunity to participate in the litigation.  Also if the executor was required to obtain a surety bond, you can bring a claim against the surety company.  ... Read More