If the executor of my father’s estatefailed to carry out his job duties, is he still entitled toa feewhen we sell the house?

He was ordered by court to give a detailed accounting of all my father’s financial business a month ago. He failed to do that. He has withheld annuities from us. He threatened to keep all money from us if we did not give him him our father’s house. He did absolutely nothing in good faith. Does he still deserve a percentage as executor?

Asked on September 20, 2011 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh my goodness!  You need to go and speak with an attorney independent of the goings on in the estate proceeding and bring an action to remove the executor of the estate for a breach of his fiduciary duties.  Do NOT give him anything or sign anything.  If he has a bond posted then make sure that you go after him for any assets that he dissipated from the estate. If he is an attorney himself file a complaint with the state and county Bar Associations.  Be aware that he will fight you and he is allowed to use the estate funds to do so while you have to pay out of pocket.  But the benefits will outweigh the cost.  Good luck to you.    


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.