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


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.    

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