What can be done if the administrator has not done anything?

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What can be done if the administrator has not done anything?

My mom died 5 years ago and her will stipulated that her house in NJ get sold and divide the assets between her 5 children. My 2 brothers (1 in Fl and 1 in NJ) were chosen as the administrators. They have not even picked up the will from my mom’s lawyer, or done anything at all to comply with her wishes. The house in NJ may or may not be rented out to tenants. I don’t have money to hire a lawyer What can I do? The house is worth anywhere between $108,000 and $186,000.

Asked on June 24, 2019 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can bring a legal action in chancery court (a part or division of the county's Superior Court) for an "accounting": that is, to make the administrators "account for" their conduct of the estate. If the court determines they have not been acting reasonably or loyally to the interests of the beneficiaries, or have been benefiting themselves at the expense of other beneficiaries, the court can order them to do or not do certain things, to possibly repay money to the estate, or replace them as administrators. If you can't hire an attorney, contact the court clerk's office to inquire into how you would bring an action challenging an administrator's conduct of the estate. Also go to the "self-help" section of the New Jersey Judiciary's website: they have a lot of online resources.


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