Gary Richard Botwinick’s Answers

Gary Richard Botwinick

Denville Estate Planning Attorney.

Contributor Level 6
  1. Is there a statute of limitations regarding settling an Estate?

    Answered about 5 years ago.

    1. Edward Joseph Smeltzer II
    2. Gary Richard Botwinick
    3. John William Callinan
    3 lawyer answers

    Boy. Seven years is an awfully long time to administer an estate. You should certainly contact a lawyer to explore your options, of which, there are many. Often a simple inquiry to the executor can result in answers and may prod the executor to complete the administration. However, if that proves unsuccessful, then you might consider filing a complaint seeking an order to show cause in the Superior Court. You might seek an accounting and/or the removal of the executor for failing to fully...

    2 people marked this answer as helpful

  2. I am administrator, legal guardian still hold some money from estate. how do i get money from guardian?

    Answered over 4 years ago.

    1. Gary Richard Botwinick
    1 lawyer answer

    As the administrator of the estate, you have significant power. The best option would be to send a certified letter to the Guardian demanding a turnover of the funds. If that does not result in a rapid response, I would file a Complaint and an Order to Show Cause in the County in which the Guardian was appointed seeking an Order demanding the immediate turn-over of the accounts, as well as a formal accounting of the Guardian's activities in such capacity. She is required by law to file this...

  3. My name was signed illegaly to a franchise business contract & that business owes the IRS back taxes am I leaglly responsible?

    Answered about 5 years ago.

    1. Gary Richard Botwinick
    2. Kevin Brendan Murphy
    2 lawyer answers

    If your name was forged than it is highly unlikely that you would have liability under that contract. However, it sounds as if the liability that the IRS is seeking from you is for withholding taxes. It sounds like they are claiming that based upon some position which they believe you have with the company, you are considered a responsible person. Section 6672 of the Internal Revenue Code provides that any “responsible person” required to collect and remit trust fund taxes shall be liable...

  4. As an executrix can i charge the estate a fee

    Answered about 5 years ago.

    1. Gary Richard Botwinick
    2. Thomas Nikola Taneff
    2 lawyer answers

    Generally, an executor is entitled to a commission for the services performed. The fee is typically a percentage of the estate determined either by specific provision in the will or by statute in the state of probate. Uncomplicated estates can usually be completed within 12-18 months. However, more complicated estates may take longer.