The Law Office of Kenneth Vercammen
& Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occassionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court.
COMPLAINT FOR ACCOUNTING
A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate.
A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, as well as appear before the court at a specific date and time.
As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $225-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
The plaintiff can demand the following:
(1)That the named executor be ordered to provide an accounting of the estate to plaintiff.
(2)Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death.
(3)Payment of plaintiff's attorney's fees and costs of suit for the within action.
(4)Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.
(5)That the executor be removed as the executor/administrator of the estate and that p1 be named as administrator of the estate.
(6)That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.