General Question

poohdooh's avatar

What are the Financial Accounting Responsibilities of an Executor (NJ)?

Asked by poohdooh (1points) May 3rd, 2012

My last surviving parent died in March 2010 and one sibling was identified duties as Executor. The Executor has been very slow in fulfilling the duties and to date (May 2012) the estate still is not settled (total about $35K). The executor has not provided any financial accounting to the beneficiaries to date. What responsibilities does the Executor have to do this and what is the prescribed time frame? Thanks in advance.

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2 Answers

gailcalled's avatar

My mother recently died also (May 2011) and my sister was designated Executor. The lawyers do all the work and then notify the Executor and us, as heirs, when appropriate.

The estate is still being settled since it was complicated so we have several more months of fussing around. But we know what’s been done, what monies have been distributed to whom and what work is remaining.

NO info since March 2010 is unacceptable and you have every legal and moral right to make a BIG NOISE. Personally, I would contact the lawyer.

All of the heirs, including me and the seven grandchildren can, should, and have called or emailed the
lawyers who are handing the estate whenever there are questions.

My sister’s primary job has been to sign documents and get her signature notarized. She has no powers to sign checks unless they have been authorized, such as paying for some funeral, headstone, and memorial service costs. She submitted stuff like the catering bill to the lawyer and he released the monies.

You as an heir, have every right to demand an accounting for estate fees and legal fees as well. Our family talks to each other so it has been smooth sailing. Don’t wait another minute.

If the lawyer is boondoggling, his fees will mount and eat into the 35K.

wundayatta's avatar

Have you talked to the executor?

There is no prescribed time frame, but the estate probably has taxes to pay and if the executor hasn’t done anything, there could be penalties.

After you talk to the executor, if you get nowhere, you should call surrogates court in your county to see what papers and accountings have been filed. You should find out if your sibling has actually been appointed to be executor. You can be named executor in the will, but you must also be appointed by the court.

If you ask the executor to do the work and they do nothing, you can ask them to resign so someone else, such as yourself, could be named executor and do the work.

If they refuse to resign, you can petition the court to remove them. If you can get all the other beneficiaries to sign the petition (their names will be on the will), and if you tell the court that the executor has done nothing, they will grant your petition and appoint a new executor.

It is up to you, as beneficiary, to push the executor. The surrogate’s court probably won’t do it for you.

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