Probate and Estate Fiduciary Litigation
While I try to advise and assist my clients in the best practices to avoid probate and estate litigation, sometimes we have family members who are simply distrustful or greedy. Conversely, sometimes that means as beneficiaries, my clients have to be wary of coy and non-responsive executors and administrators of probate estate who fail to inform us or are wasting, mismanaging, and neglecting the probate estate. On either side, sometimes probate and estate litigation is the only solution. Please be advised that the entirety of my discussion below may also apply to trust estates and guardianship estates.
As a probate attorney, litigation is a last resort. The purpose of probate in New Jersey is to maximize the value of the probate estate. My primary concern is to try to be reasonable, communicative, and cooperative with all parties in a probate estate. Indeed, in my experience, probate can be a pleasurable experience if all of the parties are open and communicative with one another.
Remember, probate is about following the decedent’s wishes exactly as they are written (or, without a written will, exactly as New Jersey statute prescribes). Executors and administrators of probate estates are given plenty of opportunities to prove themselves and act before they are removed or sanctioned. However, it is not impossible to have an executor or administrator of a probate estate removed or sanctioned for failing to act, being wasteful, neglectful, and/or mismanaging estate assets.
Some actions to consider are for an accounting to see the assets and expenses tallied by the executor or administrator. This is a crucial component of probate in New Jersey since probate beneficiaries inherit the net estate assets. A beneficiary or a creditor can request an accounting and even file a complaint to compel one. Similarly, probate beneficiaries can also compel the executor or administrator to produce source documents. This means as a beneficiary of a probate estate, you can file a complaint to force the executor or administrator to provide you with the bank statements, mortgage, deed, and so forth. This is a powerful tool in any New Jersey probate attorney’s toolbox since it keeps executors and administrators “honest.” When I represent executors and administrators, I always try to keep these documents on hand so I am prepared in case an antsy beneficiary attempts attacking the probate estate.
Other actions in probate litigation include removing the executor or administrator, or suing for damages due to waste, mismanagement, and neglect. In certain instances, the executor or administrator may be liable for paying treble (or three times) damages because their actions in managing the probate estate was so negligent. Additionally, beneficiaries can sue to compel the production of a will, to challenge a will, to challenge the appointment of an executor or administrator, for partition of real property, for abusing their fiduciary powers, and so much more.
If you are an interested party in a probate estate in New Jersey, and you think something is wrong, you can email me at Ranalli@ranalli-law.com. Your rights and privacy are 100% protected. We never share or sell your information or email. No one wants spam email and I respect your right to privacy. I am here to help you.
