QUESTION
How do I protect the estate my father left us children when the executor is not doing his duties?
Asked on Nov 01st, 2017 on Trusts and Estates - New Jersey
More details to this question:
My father passed and left a 401k and his house to his children. My brother is not fulfilling his wishes (had him cremated) and refuses to pay for any epenses for his memorial, including but not limited to his plot and obituary. My brother is very angry at my dad and said, he doesn't care about the house and he'd burn it down. What are my options?
1 ANSWER
2 Awards
If the 401(k) named you as a beneficiary, you do not need the executor. Call the company that administers the 401(k) and indicate that you are the beneficiary of the estate. If you are named as a direct beneficiary, they will send you clalim forms and you can claim it directly. If your brother is not doing his job as the executor, you can ask him to resign, and if he refuses, you can have him removed.
Answered on Nov 08th, 2017 at 6:16 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship