QUESTION

Can We Still Sue the Executor?

Asked on Nov 28th, 2016 on Wills and Probate - New Jersey
More details to this question:
The executor of a 1.5 million dollar estate was extremely negligent. Due to taxes, interest, and who knows what else, there is about $700,000 missing from the estate. We hired a lawyer and agreed to a settlement through the executor's legal representation. However, this settlement was extremely low. Now, we would like to place a formal lawsuit against the executor himself for negligence and gross harm to the estate. Is it too late for us to do this since we agreed to a settlement? Or can an additional lawsuit against the executor himself still be filed?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Your ability to sue the executor will depend on the terms of the settlement and whether or not you signed a release saying that the executor was released from all further liability.  you should start by looking at the documents you were required to sign as part of the settlement.  
Answered on Nov 29th, 2016 at 5:32 AM

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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