I am charged with internet harassment. I live two n half hrs away from the venue.
Jurisdiction is usually where victim lives. see 2C:33-4 Harassment.
Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
d. (Deleted by amendment, P.L.2001, c.443).
e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.
L.1978, c.95; amended 1983, c.334; 1990, c.87, s.2; 1995, c.211, s.2; 1998, c.17, s.4; 2001, c.443, s.3.
2C:33-4.1 Crime of cyber-harassment.
1. a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(1) threatens to inflict injury or physical harm to any person or the property of any person;
(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
(3) threatens to commit any crime against the person or the person's property.
b. Cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.
c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:
(1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or
(2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.
d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense.See question
Didn't remember much didn't get arrested
39:4-129, (b)The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
Defiant Trespass 2C:18-3
The following is the law on Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey
2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses
2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility. Otherwise it is a disorderly persons offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or
(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.
If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and job is on the line, hire the best attorney available.See question
I was found with less the a gram and the judge with 1 year of probation, but po hasn't contact me. What can I do.
Anytime they want. NJSA 2C:45-1. sets forth the Conditions of Suspension or Probation.
a. When the court suspends the imposition of sentence on a person who has been convicted of an offense or sentences him to be placed on probation, it shall attach such reasonable conditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or is likely to assist him to do so. These conditions may be set forth in a set of standardized conditions promulgated by the county probation department and approved by the court.
b. The court, as a condition of its order, may require the defendant:
(1) To support his dependents and meet his family responsibilities;
(2) To find and continue in gainful employment;
(3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose;
(4) To pursue a prescribed secular course of study or vocational training;
(5) To attend or reside in a facility established for the instruction, recreation or residence of persons on probation;
(6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
(7) Not to have in his possession any firearm or other dangerous weapon unless granted written permission;
(8) (Deleted by amendment, P.L.1991, c.329);
(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment;
(10) To report as directed to the court or the probation officer, to permit the officer to visit his home, and to answer all reasonable inquiries by the probation officer;
(11) To pay a fine;
(12) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience;
(13) To require the performance of community-related service.
c. The court, as a condition of its order, shall require the defendant to pay any assessments required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) and shall, consistent with the applicable provisions of N.J.S.2C:43-3, N.J.S.2C:43-4 and N.J.S.2C:44-2 or section 1 of P.L. 1983, c.411 (C.2C:43-2.1) require the defendant to make restitution.
d. In addition to any condition imposed pursuant to subsection b. or c., the court shall order a person placed on probation to pay a fee, not exceeding $25.00 per month for the probationary term, to probation services for use by the State, except as provided in subsection g. of this section. This fee may be waived in cases of Indigency upon application by the chief probation officer to the sentencing court.See question
My father is very ill, living in a nursing home. My sister is living in his home and we have to put it on the market for medicaid. She is not taking care of the home at all and it's a mess so we can't put it on the market until she moves out. She ...
Ejectment is a legal action brought by a plaintiff under N.J.S.A. 2A:35-1 and R. 4:59-2, claiming a right to possess real property against a defendant who currently possesses the property. In New Jersey, the common law action of ejectment was replaced by N.J.S.A. 2A:35-1, which states, “Any person claiming the right of possession of real property in the possession of another or claiming title to such real property, shall be entitled to have his rights determined in an action in the Superior Court.” It differs from a summary dispossess action under N.J.S.A. 2A:18-53 which permits the removal of tenants or lessees under certain circumstances (e.g., holdover tenants, defaults in rent, and certain violations of the leasing agreement), but does not involve claims to title of the property. Ejectment actions should be brought in the Law Division.
I'm getting married and my fiancee has paid for her share of the wedding and my person ( who happens to be my sister refuses to answer her phone and or emails and the wedding is less than 23 days away.
Depends on the language of the trust. If trust will not cooperate, only recourse if file complaint in Superior Court.
The Restatement of Trusts provides generally that "[a] trustee may be removed . . . for cause by a proper court." Restatement (Third) of Trusts § 37(b) (2003 & Westlaw database updated Oct. 2015) (emphasis added). The Comment to section 37 of the Restatement says that "[f]riction between the trustee and some of the beneficiaries [of a trust] is not a sufficient ground for removing the trustee unless it interferes with the proper administration of the trust." Id. § 37 cmt. e(1). Thus, although the "[b]eneficiaries may be resentful when property they expected to inherit is placed in trust, or of reasonable exercise of a trustee's discretion with regard to matters of administration or the alleged underperformance of the trustee's investment program[, s]uch resentment ordinarily does not warrant removal of the trustee." Id. "[B]ut a serious breakdown in communications between beneficiaries and a trustee may justify removal, particularly if the trustee is responsible for the breakdown or it appears to be incurable." Id. A leading treatise on trust law notes that "[d]isagreeable personal relations between the beneficiary [of a trust] and the trustee are frequently relied upon as grounds for removal [and] the mere fact that the beneficiary wants the trustee removed is not enough" to sustain a petition for removal of a trustee. George Gleason Bogert et al., The Law of Trusts and Trustees § 527 (Westlaw database updated Sept. 2015) (footnotes omitted). Thus, "[d]ifferences of opinion or unfriendliness" between a trust beneficiary and the trustee are "insufficient" grounds to support the removal of a trustee from office. Id. (footnotes omitted). The Restatement sets forth the following illustration of the circumstances under which a trustee can be removed on the ground of poor relations between the trustee and beneficiaries of a trust: The settlor named two of her five children as co-trustees of a trust for all of the children and their families. Over several years, extreme ill will has developed among the children and is now impairing the proper functioning of the trust. It is within the reasonable discretion of the court to remove and replace the trustees. Restatement § 37 cmt. e(1), illus. 7; id. § 37 reporter's notes cmt. e ("Illustration 7 is based on Matter of Guardianship of Brown, 436 N.E.2d 877 (Ind.App. 1982)."). A New Jersey court ruled that "[w]here there is conduct by a fiduciary toward a beneficiary which causes mutual animosity between them, a court may invoke its equity powers to remove the trustee." In re Duke, 702 A.2d 1008, 1023 (N.J. Super. Ct. App. Div. 1995) (citations omitted), aff'd, 702 A.2d 1007 (N.J. Super. Ct. App. Div.), cert. denied, 697 A.2d 546 (N.J. 1997). But "[i]n order for hostility between a beneficiary and trustee to form the basis for removal, there must be evidence that the relationship is likely to materially interfere with the administration of the trust." Id. For additional discussion of cases that have addressed the issue of whether hostility between beneficiaries of a trust and the trustee is a ground for removal of the trustee, the reader is advised to consult C.R. McCorkle, Annotation, Hostility Between Trustee and Beneficiary as Ground for Removal, 63 A.L.R.2d 523 (1959 & Westlaw databases updated weekly). The authorities cited suggest that although state statutes do not expressly say that hostility between a beneficiary of a trust and the trustee can be a ground for removal of the trustee, there is both common law and secondary authority that stand for the proposition that animosity between a trust beneficiary and the trustee can, under certain limited circumstances, support a suit by the aggrieved beneficiary to remove the trustee.
I have lent much Aunt a considerable amount of money payable when she passed away. One account has her and my name on it "in trust " for me. The other accounts have both names. Is the in trust for account subject to inheritance tax and is the ...
NJ Inheritance Tax
The NJ Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class “A” - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or children of the decedent, issue of any child or legally adopted child of the decedent and step-child of the decedent.
Class “B” - Eliminated
Class ”C” - Brother or sister of the decedent, including half brother and half sister, wife or widow of a son of the decedent, or husband or widower of a daughter of the decedent. -taxed at 11%–16%, with the first $25,000 exempt.
Class “D” - Every other transferee, distributee or beneficiary who is not included in Classes “A”, “C” or “E”. taxed at 15%
Class “E” – Charitable ex-The State of New Jersey or any political subdivision thereof, or any educational institution, church, hospital, orphan asylum, public library or Bible and tract society or to, for the use of or in trust for religious, charitable, benevolent, scientific, literary or educational purposes, including any institution instructing the blind in the use of dogs as guides, no part of the net earnings of which inures to the benefit of any private stockholder or other individual or corporation; provided, that the exemption does not extend to transfers of property to such educational institutions and organizations of other states, the District of Columbia, territories and foreign countries which do not grant an equal, and like exemption on transfers of property for the benefit of such institutions and organizations of this State.
NJ Inheritance Tax Rates
The Transfer Inheritance Tax rates depend on the amount received and the relationship between the decedent and the beneficiary. No tax is imposed on class A beneficiaries (father, mother, grandparents, descendants, spouses, civil union partners, or domestic partners).
Class C beneficiaries (brother or sister of decedent; husband, wife, or widow(er) of a child of decedent; civil union partner or surviving civil union partner of a child of decedent) are taxed at 11%–16%, with the first $25,000 exempt.
Class D beneficiaries (not otherwise classified) are taxed at 15%–16%, with no tax on transfers having an aggregate value of less than $500.
My mother passed on leaving me as the executor of her estate. I am probating the will in order to gain title to the house, car and some personal property. One provision of the will involves my setting up a trust fund for my brother out of cash in ...
The Executor must follow the terms of the Will unless they receive Court Order permission to change. Read Executor Duty and Responsibilities
At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executors job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes. Lets review the major duties involved, which we’ve set out below.
In General, the executors job is to
1. Administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and 2. Distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the will).
Lets take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Step 1: Probate. The executor must "probate" the will. Probate is a process by which a will is admitted. This means that the will is given legal effect by the court. The courts decision that the will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the will.
Step 2: Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Step 3: Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estates income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased’s final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estates behalf.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Step 4: Pay the Debts. The claims of the estates creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys, accountants and appraisers fees, must also be paid.
Step 5: Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
New Jersey. The executor has ignored the law on several accounts. I want to audit the entire estate. Tax returns, bank statements, bills paid , How far back can I ask. Does the estate have to pay if the account and attorney made mistakes?
Accounting in Probate in Superior Court NJ Court Rules
RULE 4:87. Actions For The Settlement Of Accounts
(a) Actions to settle the accounts of executors, administrators, testamentary trustees, non-testamentary trustees, guardians and assignees for the benefit of creditors shall be brought in the county where such fiduciaries received their appointment. The action shall be commenced by the filing of a complaint in the Superior Court, Chancery Division, and upon issuance of an order to show cause pursuant to R. 4:83. A non-testamentary trustee shall annex to the complaint a copy of the written instrument creating the trust and stating its terms. The order to show cause shall state the amount of commissions and attorney's fee, if any, which are applied for.
(b) An action may be commenced by an interested person to compel a fiduciary referred to in paragraph (a) of this rule to settle his or her account, and, in appropriate circumstances, to file an inventory and appraisement.
The complaint in an action for the settlement of an account
(a) shall contain the names and addresses of all persons interested in the account, including any surety on the bond of the fiduciary, specifying which of them, if any, are minors or mentally incapacitated persons, the names and addresses of their guardians, or if there is no guardian then the names and addresses of the parents or persons standing in loco parentis to the minors;
(b) shall specify the period of time covered by the account and contain a summary of the account. The summary shall state, all as shown by the account: (1) in the case of a first accounting, the amount for which the accountant was chargeable as of the date the trust or obligation devolved upon him or her, or where an inventory is on file, the amount of the inventory; or in the case of a second or later accounting, the balance remaining in the hands of the accountant as shown in the last previous account; (2) the amount for which the accountant became chargeable in addition thereto; (3) the total of the first two items; (4) the amount of the allowances claimed in the account; and (5) the balance in the accountant's hands. Charges and allowances sought on account of corpus and income shall be stated separately both in the summary and in the account;
(c) shall have annexed thereto the account which shall be dated;
(d) shall ask for the allowance of the account, and also for the allowance of commissions and a fee for the accountant's attorney, if accountant intends to apply therefor; and
(e) shall be filed at least 20 days prior to the day on which the account is to be settled.
4:87-3. Form of Account; Statement of Assets to Be Annexed to Account
(a) Form of Account. The charges and allowances as to principal and income and the statements required to be annexed to the account may be typed or in the form of computer or machine printouts; and, where appropriate, the accountant may use a single schedule for the presentation of portions of the account, but charges and allowances as to corpus and income shall be stated separately.
(b) Statement to Be Annexed to Account. To all accounts shall be annexed:
(1) a full statement or list of the investments and assets composing the balance of the estate in the accountant's hands, setting forth the inventory value or the value when the accountant acquired them and the value as of the day the account is drawn, and also stating with particularity where the investments and assets are deposited or kept and in what name;
(2) a statement of all changes made in the investments and assets since they were acquired or since the day of the last account, together with the date the changes were made;
(3) a statement as to items apportioned between principal and income, showing the apportionments made;
I was convicted of theft by deception 3rd degree and completed probation in July 2006. Restitution was PAID IN FULL in July 2006 and have NO other convictions.This is the only thing on my record which I was a first time offender. I want an attorne...
New Expungement Law permits petitions for Expungement of arrests in shorter time periods.
This is an excellent law to help non-violent offenders.
This new law establishes new expungement procedures for records and information pertaining to crimes and offenses, including procedures for persons who are, or previously have been, successfully discharged from the State’s special probation drug court program. It also provides shorter waiting periods before certain records and information become expungeable.
You can now get expungements for both the crime and the disorderly persons convictions.
The new law took effect April 18, 2016.
The time period for expunging a Municipal Court criminal charge may be reduced to 3 years if you can show exception circumstances. Otherwise it stays 5 years.
Regarding a person with a criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court in the county in which the criminal conviction was adjudged. That application could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of five years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, for the crime or for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period under current law for a criminal conviction expungement is ordinarily 10 years). Alternatively, the court could grant an expungement on the application if less than five years has expired from the payment of any fine but the five-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
Regarding a person with a conviction for a disorderly persons or petty disorderly persons offense, but no criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court concerning that offense following a procedure similar to that used for criminal convictions. The application, like an application concerning a criminal conviction, could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of three years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period on convictions for such offenses under current law is five years). Alternatively, the court could grant an expungement on the application if less than three years has expired from the payment of any fine but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
Regarding a person with an arrest or charge that did not result in a conviction or finding of guilt, whether the proceedings were dismissed, or the person acquitted or discharged, upon a person presenting an application for expungement:
(1) if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal, or discharge, would order the expungement of all records and information relating to the arrest or charge; or
I have read that courts charge the expense of a judicial accounting to the estate according to rule 4:42-9 or rule 4:55-7. If I file for the accounting, do I have to lay out money to cover all my legal costs until the accounting is complete?
Most experienced attorneys will make you pay up front and will not handle on a contingency. New Jersey is considered a “probate friendly” state since the executors are not required to obtain court approvals for most actions. However, if the executor is not complying with state law, in NJ the only recourse a beneficiary has is to file a complaint and Order to Show Cause.
Under New Jersey Law, the person selected as an executor of a will has numerous legal responsibilities following the death of the person who signed the will. Primarily, they have a duty to probate the will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries. If there is no will, state law determines which relatives can petition the surrogate to be appointed as "administrator" of the estate.
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. An executor occasionally 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 a beneficiary is not satisfied with the handling of the estate, they can have an attorney file a complaint in the superior Court to compel accounting, remove the executor, compel filing of tax returns and seek other relief.
The new probate statute of NJ made a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.
Under the United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, 108 S.CT. 1340 (1988), the personal representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is the executor’s responsibility to diligently search for any "readily ascertainable" creditors.
In lieu of a formal accounting the beneficiaries will usually be requested to sign a release and refunding bond. If a beneficiary has evidence of misappropriation, they should ask the executor for an informal accounting prior to signing the release and refunding bond.
Complaint for Accounting
A Complaint for Accounting is filed in the superior court probate court to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate. See Rule 4:87-1.
A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by the attorney. The Order to Show Cause is submitted to be signed by the judge directing the executor to file a written answer to the complaint, as well as appear before the court at a specific date and time. The NJ Judiciary website has a model form Order to Show Cause.
As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $275-$400 per hour, with a minimum retainer of $3,000 needed. Most attorneys require the retainer to be paid in full up front.
The plaintiff can request the following:
(1) That the named executor be ordered to provide an accounting of the estate to plaintiff.
(2) Defendant executor be ordered to provide an accounting for all assets of decedent dated five years prior to death that defendant may have administrated through a power of attorney.
(3) Payment of plaintiff's attorney's fees and costs of suit for the action.
(4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.
(5) The executor may be removed as the executor/administrator of the estate and that the plaintiff may be named as Administrator C.T.A. or administrator of the estate.
(6) That the executor be barred from spending any estate funds, be barred from paying any bills,