Full question:
my mother died intestate in ft.lee,new jersey 2002 and i signed my sister as administrator. How can I replace her as administrator?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: New Jersey
Answer:
Most jurisdictions have procedures that govern the resignation of personal representatives. Under the Uniform Code, either the death of the personal representative, or the appointment of a conservator for the personal representative, will automatically terminate the appointment. In such cases, however, either the representative of the personal representative's estate or the conservator must protect the other estate's assets until a successor is confirmed.
For personal representatives who wish to voluntarily resign, the Uniform Code requires them to file a written statement of resignation with the court clerk, after giving at least 15 days notice to all who are interested in the estate. If no one applies for appointment as successor, the filed statement remains ineffective to accomplish resignation until a successor has been found and qualified, and estate assets are delivered to him.
Termination of Appointment: Removal for Cause
The Uniform Code sets forth specific causes for removal, including:
"When removal would be in the best interests of the estate"
Intentional misrepresentation of material facts to gain appointment
Disregard of an order of the court
Inability to discharge duties
Mismanagement of estate
Failure to perform any duty
In New Jersey, cause for removal includes leaving the state or refusing to proceed with administration and perform duties. In addition, cause for removal includes the failure to obey a court order after notice.
Under New Jersey Probate Law, when someone dies testate (has a will),that will will appoint an executor. The job of the executor is very important and comes with numerous responsibilities. These obligations include probating the will, liquidating assets (selling a home or jewelery), pay all encumbrances and taxes as well as take care of all other court duties. The executor may hire a lawyer to help make the proper decisions, but let’s face it, it’s a tough job that not every one can handle or just isn’t willing to do so.
Once the executor is declared, the court or surrogate’s office are not responsible for making sure the will is probated properly or in a timely manner. If you are not happy with the way the executor is handling their duties because they are not following the instruction set forth by the will,you can, under New Jersey Probate Law, have an attorney file a complaint in Superior Court. This complaint is called the Complaint for Accounting. The complaint for accounting is filed to request the removal of the current executor and asks the court to assign a new person as an administrator of the will.
Removal is not easy in any sense of the word. The beneficiaries must be able to prove that serious wrongdoing has occurred before the court will rule to replace the executor. Such acts as moving to slowly, refusing to give out information or just being uncooperative are not grounds for removal. In successful removals, the beneficiaries where able to convince the court that the executor was incapable of performing his/her duties, was unsuitable for the position or has become disqualified.
Incapable: Must prove that the executor has some mental or physical illness that will prevent them from successfully acting in the role of an executor.
Disqualified: This being the easiest to prove. If the executor has committed a crime since being appointed and has gone to jail for the crime, then they are no longer eligible to be an executor.
Unsuitable: Because of the circumstantial evidence that must be interpreted, this is the most challenging to prove. This involves either a conflict of interest or some form of serious misconduct. Other misconduct, which may be grounds for removal must be fairly serious and actually damaging or threatening to damage the estate. Examples of such behavior might be:
■Being a Drunk
■Stealing from the estate
■Not filing an inventory or accounting
■Refusing to obey a court order
■Neglecting to perform duties as executor
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
