What type of lawyer do I need to settle disagreements with the other co-executor of my mother's estate in Passaic County, NJ?

Asked 6 months ago - Passaic, NJ

My brother and I are a co-executors of my mother's estate in Passaic County NJ. We are in disagreement as to how to proceed to settle the estate. He is no longer cooperating with me nor is he moving forward toward settling the estate. The estate includes stocks, bonds, real estate and bank accounts. Please advise if in looking for a lawyer if they state they are in Estate Litigation does that pertain to my situation or is that just Real Estate, or is there a more appropriate area of expertise I should be seeking?

Attorney answers (2)

  1. Peter L. Klenk

    Contributor Level 11

    Answered . You need an attorney who practices in front of the New Jersey Surrogate's Court. Not all Probate lawyers do this, and as your case will likely need a judge, you might as well pick a lawyer who can not only review the probate aspects, but also go to court for you. This situation happens often, I see these cases all the time. Both executors have the right to retain their own lawyer, so you can retain a lawyer to represent yourself, as executor. The reasonable cost of this will be paid by the estate. There are several options, so you need to review the current situation with your lawyer and come up with the best plan given your set of facts. For example, I often will file an accounting with the court to bring the issues before the judge, which is often the cheapest and fastest way to handle the issues, but I would have to know more before I could tell you that in your case that is the best choice. Better to get started, as the longer these types of cases sit around, the more trouble seems to come up.

  2. Ivette M Santaella

    Contributor Level 19

    Answered . Hello,

    If the estate is still being probated, you may want to ask for the court for assistance in settling impasses.

    If not, before getting the lawyers involved, why don't you try mediation first?

    If not then a probate attorney is recommended.

Related Topics

Executor of will

The executor of a will is the person in charge of finalizing the deceased's estate (paying bills, etc.) and distributing the estate according to the will.


Probate is the legal process for proving a will valid or invalid, appointing an executor, and distributing estate assets according to the will or state law.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,206 answers this week

3,409 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,206 answers this week

3,409 attorneys answering