What can be done if the administrator has not done anything?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can be done if the administrator has not done anything?
My mom died 5 years ago and her will stipulated that her house in NJ get sold and divide the assets between her 5 children. My 2 brothers (1 in Fl and 1 in NJ) were chosen as the administrators. They have not even picked up the will from my mom’s lawyer, or done anything at all to comply with her wishes. The house in NJ may or may not be rented out to tenants. I don’t have money to hire a lawyer What can I do? The house is worth anywhere between $108,000 and $186,000.
Asked on June 24, 2019 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can bring a legal action in chancery court (a part or division of the county's Superior Court) for an "accounting": that is, to make the administrators "account for" their conduct of the estate. If the court determines they have not been acting reasonably or loyally to the interests of the beneficiaries, or have been benefiting themselves at the expense of other beneficiaries, the court can order them to do or not do certain things, to possibly repay money to the estate, or replace them as administrators. If you can't hire an attorney, contact the court clerk's office to inquire into how you would bring an action challenging an administrator's conduct of the estate. Also go to the "self-help" section of the New Jersey Judiciary's website: they have a lot of online resources.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.