QUESTION

What should I do if the executor is not fulfilling their duty?

Asked on Jan 05th, 2015 on Estate Litigation - New Jersey
More details to this question:
My grandmother died in April 2013, my uncle, aunt, brother, and myself are beneficiaries. My uncle and aunt were the executor and executrix. My aunt had a mental breakdown and stepped down from the position. My uncle is involved with criminals, and has shared personal information that was disclosed to only him with criminals, such as social security numbers. He has not shown any progress as to giving anyone their portion of the will, now going on two years after her death. He also cashed in stocks, unbeknownst to anyone and is going through the money sufficiently. He also owes the estate 20,000, but does not have the money. What steps do I take. When the executor is not fulfilling his duties?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If an executor is not fulfilling his or her duties, you can file a complaint with the Surrogate's court asking to have the executor removed, and replaced with someone who will do the job.  the executor may be liable for costs and fees if you are successful. 
Answered on Jan 06th, 2015 at 12:46 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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