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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?

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. 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 general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.


  2. 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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. 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 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.


  4. 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.

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