QUESTION
what rights does the estate have if the executor of the will removed all of the deceased things from the property?
Asked on Mar 17th, 2013 on Estate Planning - Colorado
More details to this question:
My grandmother lived and passed away in New Jersey. She made her grandchildren the estate and the executor her niece. The executor changed the locks and removed all of my grandmother’s things out. I received a letter in the mail saying that before the probate starts, the grandchildren get to do a walk through and tag what they want out of the house. We did set up a date and when the date came, the executor nor her lawyer showed up. What rights does the estate have? Can we go to the county with a will stating what rights we have as the estate?
11 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is always a tough thing. Personal property has no title and it is difficult to prove who owned it and what was there. If you can prove this was done, then the executor could be removed and surcharged. Michigan has a conversion statute that calls for triple damages. Of course, with personal property, the damages might not be that much, even so.
Answered on Mar 19th, 2013 at 5:04 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Generally the executor or personal representative has a fiduciary responsibility to the estate. The beneficiaries have standing to challenge what the executor does . My first suggestion is try and communicate. See if they will tell you what's going on. Document everything in writing in ca you need to litigate. If you are a beneficiary under the will you should receive notice on the probate.
Answered on Mar 19th, 2013 at 5:04 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Contact a New Jersey lawyer.
Answered on Mar 18th, 2013 at 9:27 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You beneficiaries need to get together and obtain a probate litigation lawyer to represent you as this looks like a fight between you and the executor; you can petition to have the executor removed with someone else to be appointed, and compel an accounting to court of all of the assets executor took possession of, physical and monies. Don't delay as you will lose your rights in this estate.
Answered on Mar 18th, 2013 at 9:21 PM
The executor is obligated by law to preserve and protect the decedent's assets (the estate ) prior to paying all debts and distributing the remaining assets to the beneficiaries or heirs (you and the other grandchildren). That's why she changed the locks on the house. You will need to contact her to ask why she wasn't present on the agreed upon date for you to walk through the house. Your grandmother's will should have been submitted to the local probate court by the executor. She will have to submit reports about the estate and its distribution periodically (as required by statute). You can receive copies of those reports by asking either her or the probate court.
Answered on Mar 18th, 2013 at 9:02 PM
Thomas Edward Gates
You need to file a motion with the court for an accounting and for a change in the Executor.
Answered on Mar 18th, 2013 at 9:01 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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The niece, or the executor, represents the estate. She has an obligation to collect the assets of the estate, and then distribute the assets according to the terms of the will. If you believe that she is not doing what the will says, you can petition the court to have her removed, and someone else appointed as executor.
Answered on Mar 18th, 2013 at 8:50 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This would be a question of New Jersey law if your grandmother lived there.
Answered on Mar 18th, 2013 at 8:47 PM
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This is very difficult because personal property is hard to trace. You need to get a New Jersey lawyer to send the estate lawyer a letter and see what you can do.
Answered on Mar 18th, 2013 at 8:47 PM
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Your question is specific to NJ, this Nevada law does not apply. In Nevada, an action to remove the Executor could be filed and a request for the return of the property taken. If it is not returned and can be proven that it was taken by the Executor, a judgment for the value of the property taken, plus two times the value of the property, will enter against the Executor.
Answered on Mar 18th, 2013 at 8:41 PM
Your best course of action is to contact and hire an attorney in New Jersey who specializes in estate litigation. You must do this before deadlines that can affect your rights expire.
Answered on Mar 18th, 2013 at 8:38 PM