Can an executrix be legally removed from the duties, and another assigned?
5 attorney answers
An Executrix can be removed and another Executrix can be appointed by preparing and filing A Complaint to Compel Accounting and an Order to Show Cause. In the Complaint, you can demand the Executrix be removed and that a new Executrix be named in her place. The Order to Show Cause would direct the current Executrix to file a written answer to the Complaint and appear before the Court for the issue to be decided.
I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion above is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified. This response shall not form the basis of an attorney-client relationship.
file complaint and Order to remove administrator.
1 The Administrator of an intestate estate (no Will) is obligated to notify the Attorney General of the State of New Jersey, in the event that there are no surviving heirs. In this case, the net proceeds of the estate would escheat to the State of New Jersey.
2. The Administrator is responsible for determining and marshaling all assets of the estate. An estate checking account is opened from which bills are paid. It may be necessary to secure a Federal ID number for the estate. You can call the IRS AT 800-829-1040 for an ID number.
3. The Administrator is responsible for all debts, last illness expenses, inheritance and estate taxes, and administrative expenses from the decedents assets.
4. The Administrator is responsible for filing appropriate State and Federal tax forms as applicable, and forwarding any tax payments due.
5. The Administrator is entitled to a commission of 5% of the value of the gross estate (for estates up to $200,000.00) and 6% on income if they handle the estate properly.
6. The Administrator shall prepare an accounting of the estate assets and disbursements and proposed distribution, which accounting may be proved informally by each beneficiary/heir acknowledging his approval of same. In the alternative, the Superior Court of New Jersey approves a Formal Accounting. Filing fee for the Informal Accounting is $5.00 per page.
7. The Executor has the obligation to distribute the net estate in a timely manner, in accordance with the terms of the will. The Administrator distributes in accordance with the intestate laws of the State of New Jersey. A copy of the relevant New Jersey Statutes is available at the Law Library, which is located on the second floor of the Middlesex County Courthouse.
8. Prior to the distribution, each beneficiary shall execute a Refunding Bond and Release. Upon receipt of the executed document, the Administrator issues payment. The original refunding Bonds and Releases are filed with the Surrogate. The filing fee is $5.00 per page.
9. The Administrator is required by NJ law to initiate a child support enforcement order for any beneficiary receiving in excess of $2,000.00, prior to distribution of any money to the beneficiary. The search should be conducted by a private judgment search company that will verify results.
Removing the Administrator who fails to comply with responsibility
Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then distribute the assets to beneficiaries. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Administrator simply 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 to file a complaint in the Superior Court.
TO REMOVE THE ADMINISTRATOR, A FORMAL COMPLAINT FOR ACCOUNTING AND REMOVAL MUST BE FILED
A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current Administrator 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, plus to 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 $275-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. Consult and hire a NJ Certified attorney asap.
Since there's no will, it sounds like the middle sister qualified as the administratrix. Did your fiance and her other sister consent to that appointment? When there is no will, the estate passes to the heirs determined by NJ's intestacy law. The administration is subject to court supervision, so if the middle sister is not complying with the law, the court will consider appointing someone else. You would benefit from a consultation with an experienced probate attorney, who can give you some guidance after getting a lot of the facts.
This response neither constitutes legal advice nor establishes an attorney-client relationship. Inquirers must seek the advice of their own legal counsel prior to to undertaking any course of action related to his or her inquiry.
NJ has a process for this procedure. First, you need to consult with a local atty and figure out your best course of action.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
Yes, but the correct term is administratrix. You should consult with an attorney right away.
This response is an opinion only and should not be considered as legal advice. Use advise at your own risk. No attorney client relationship has been established. If appropriate, you may reach the undersigned at the telephone number in the profile. Thank you.