Losing a loved one is an inherently emotional and exhausting experience. In the wake of such a loss, the probate process is intended to provide a structured, orderly way to settle affairs and distribute assets to the rightful beneficiaries. That said, when the person entrusted with this responsibility fails to perform their duties, the grief of loss is quickly replaced by the stress of financial uncertainty.
At Ritigstein Law, we frequently speak with beneficiaries who feel trapped. They see their inheritance dwindling, their questions going unanswered, or their family home falling into disrepair, all while the executor remains silent or defensive. If you find yourself in this position, you must understand that you are not powerless. New Jersey law provides specific mechanisms to protect your interests, including the removal of an executor who has breached their fiduciary duty.
As a premier South Jersey estate litigation lawyer, our firm focuses on helping families navigate these high-stakes disputes. In this guide, we will break down the legal standards for fiduciary failure and the steps we take to protect your legacy.
Understanding the Executor’s Fiduciary Duty
Before we discuss removal, it is vital to understand the high standard to which an executor is held. In New Jersey, an executor is a fiduciary. This means they occupy a position of trust and are legally obligated to act in the best interests of the estate and its beneficiaries, rather than their own interests.
A fiduciary duty is among the highest duties of care recognized by the legal system in New Jersey. It requires the executor to be transparent, diligent, and completely loyal to the beneficiaries. When an executor uses estate funds for personal expenses, fails to pay estate taxes, or simply refuses to communicate, they are not just being difficult; they are likely committing a breach of fiduciary duty.
The Checklist: Grounds for Removing an Executor in NJ
The courts in New Jersey generally prefer to respect the wishes of the decedent, which means they do not remove an appointed executor lightly. Even so, when clear evidence of misconduct or incapacity exists, the court will intervene. If you are wondering if you have a case, consider this checklist of common grounds for removal:
- Commingling of funds: The executor must keep estate assets in a separate, dedicated estate account. If they are mixing estate money with their personal bank accounts, this is a major red flag and a primary reason for NJ probate litigation.
- Failure to provide an accounting: Beneficiaries generally have the right to request an accounting of what the estate owns and how money is being spent. If the executor refuses to provide a formal or informal accounting after a reasonable amount of time, the court may compel them to do so or remove them entirely.
- Self-dealing: This occurs when an executor uses their position to gain a personal financial advantage. Examples include selling estate property to themselves at a discount or paying themselves an excessive commission without court approval.
- Neglect and waste: If the executor fails to maintain real estate, allows insurance policies to lapse, or fails to file necessary tax returns, they are "wasting" the assets of the estate.
- Hostility and lack of cooperation: While mere personal dislike is not usually enough for removal, if the executor’s hostility toward the beneficiaries makes it impossible to administer the estate, a Haddonfield estate dispute lawyer can argue that the administration has reached a deadlock.
- Incapacity or substance abuse: If the executor is no longer mentally or physically capable of handling the estate’s complexities, or if issues with substance abuse are jeopardizing the assets, removal is often necessary.
The High Stakes of High-Net-Worth Estates
For estates involving significant assets, such as commercial real estate, diverse investment portfolios, or closely held businesses, the risk of fiduciary failure is even higher. In these cases, the executor must manage complex tax filings and valuation issues. A South Jersey estate litigation lawyer is often needed when an executor lacks the sophistication to handle these assets or, worse, uses the complexity of the estate to hide their own misconduct.
At Ritigstein Law, we understand the nuances of the New Jersey inheritance tax and the federal estate tax. We know that every month an estate sits stagnant, the potential for financial loss increases. Whether the issue is a failure to sell a luxury home in a timely manner or the mismanagement of a business interest, we provide the aggressive representation required to stabilize the situation.
The Legal Process: How to Remove an Executor in New Jersey
If you believe you have grounds to remove an executor NJ, the process typically begins in the Chancery Division, Probate Part, of the Superior Court. Here is how we typically approach these cases:
The Investigation and Paper Trail
Before filing a formal complaint, we work with you to gather evidence. This includes correspondence with the executor, bank statements, property records, and any partial accountings provided. We look for discrepancies that prove a breach of fiduciary duty.
Filing the Order to Show Cause
In New Jersey, we often use a legal tool called an "Order to Show Cause." This is a request asking the court to act on an expedited basis. Instead of waiting months for a standard trial, this process requires the executor to appear before a judge and "show cause" as to why they should not be removed or why they should not be forced to provide an accounting.
The Hearing
During the hearing, our goal is to demonstrate that the estate is at risk. If the judge finds that the executor has violated their duties, the court can enter an order removing them and appointing a successor executor or a neutral third-party administrator.
Surcharge and Damages
Removal is often only the first step. If the executor’s actions caused a financial loss to the estate, we can ask the court to "surcharge" the executor. This means the court orders the executor to pay back the estate out of their own pocket for the losses they caused.
Why You Cannot Afford to Wait
Many beneficiaries wait too long to contact a Haddonfield estate dispute lawyer because they hope the situation will resolve itself or they fear causing a family rift. Unfortunately, a failing executor rarely improves their performance on their own. The longer a breach of fiduciary duty continues, the harder it becomes to recover the lost assets.
When you work with Ritigstein Law, we take the burden off your shoulders. We handle the difficult conversations and the technical legal filings so that you can focus on your family. We are not just looking to win a case; we are looking to protect your inheritance and ensure that your loved one’s final wishes are actually honored.
Strategic Advocacy for South Jersey Families
Our firm is deeply rooted in the South Jersey community. We understand the local court systems in Camden, Burlington, and Gloucester Counties, and we are familiar with how courts in these jurisdictions address fiduciary misconduct. This local knowledge, combined with our background in tax law and commercial litigation, allows us to provide a level of service that is both sophisticated and personal.
If you are suspicious of an executor’s actions, trust your instincts. Lack of transparency is almost always a sign that something is wrong. Whether the estate is in Haddonfield, Cherry Hill, or Moorestown, we are ready to step in and demand the accountability you deserve.
Contact Ritigstein Law Today for a Consultation About Your Case
If you are dealing with an executor who is withholding your inheritance, failing to communicate, or mismanaging estate assets, you need a South Jersey estate litigation lawyer who understands the complexities of NJ probate litigation. At Ritigstein Law, we have the experience and the tenacity to hold fiduciaries accountable and protect your interests in the Chancery Court.
Do not let an executor’s negligence or greed deplete the legacy your loved one worked a lifetime to build. We are here to provide the clarity and the advocacy you need during this challenging time.
Call us today at 856-619-7744 or fill out our contact form to schedule a consultation. Let us help you take control of the situation and move the probate process forward.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
