QUESTION
If a will and probate are settled, can action be taken against Executor for wrongdoing, and what is the statute of limitations from discovery in NJ?
Asked on Jul 30th, 2011 on Wills and Probate - New Jersey
More details to this question:
Uncle died 1996; wife in 2010. Joint will drawn in NJ. Appears Executor may have influenced Aunt to dilute assets within 3 months of Uncle''s death. My Cousin had firsthand knowlege of Estate from Uncle for years and just before his death. Estate value was alleged at 6 million when Uncle died; was 1.4 millon when Aunt died. Executor had no reading of will and provided no accounting to heirs. Cousin requested some info, but requests regarding what happened to Estate after Uncle''s death have not been honored. My understanding is that Executor should provide a full accounting from both my Aunt''s and Uncle''s deaths. My Cousin and his sister both contested the will after amount was revealed (sister has since died). If Cousin withdraws his objection, and heirs are paid, can action be taken against the Executor?
1 ANSWER
2 Awards
There are a lot of issues in this question ! First, I'm not sure what you mean by a "joint will". That is usually not permitted, and I would be surprised if that will was admitted to probate. People always ask about a "reading of the will" - that only happens in Hollywood !! The is no formal reading of the will. After the will is probated, copies of the will are provided to the beneficiaries, but there is no meeting in an attorney's office for the will to be read. If someone caused aunt to "dilute" assets was that by way of gifts to other people? Then those gifts would be taxable, and there could be an action to bring that money back into the estate. The Executor can be required, pursuant to court order to provide an accounting. If all of the heirs agree with the distribution then anyone else who might not be happy probably doesn't have standing to challenge the will. Standing is the term used for someone who has the right to bring the challenge.
Answered on Dec 15th, 2011 at 6:58 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship