2 years ago I assigned my brother as the administrator of my moms estate, As of today Nothing has been done. What can I do?

Asked about 1 year ago - Hillside, NJ

There is a house involved that was to be split equally amongst myself and 3 siblings he has attained a estate attorney but she never answers calls or responds.

Attorney answers (4)

  1. Steven M Zelinger


    Contributor Level 20


    Lawyers agree

    Answered . Obviously, you should investigate fully. Then you should prod him along, perhaps with the help of your own attorney. If things don't resolve, you can petition for an accounting and removal of him as administrator.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Lawrence A Friedman

    Contributor Level 18


    Lawyers agree

    Answered . You probably need your own lawyer if you are unhappy with your brother's handling of the estate.

    Lawrence Friedman, FriedmanLaw, Bridgewater, NJ, 908-704-1900. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  3. Martin L Bearg

    Contributor Level 14

    Answered . I concur with Mr. Zelinger and Mr. Friedman.

    You should be aware that although you are a beneficiary of your parent's estate, the attorney for the estate only represents your brother, the executor. The attorney has no obligation to answer or return your calls.

    I am available if you wish to talk.

    The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.
  4. Gary Todd Dupler


    Contributor Level 14


    Lawyer agrees

    Answered . Are you sure nothing has been done? Have you checked with the Surrogate Court Clerk to review the record? The attorney represents the estate and answers to the administrator. Perhaps you should approach your brother about taking over the duties of administrator or become co-administrators. If such an agreement is not possible, retain a local probate attorney to represent your interests and possibly remove your brother as administrator. The Find a Lawyer feature on this site is a good place to start.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for... more

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