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:
To replace your sister as the administrator of your mother's estate in New Jersey, you must follow specific legal procedures. Under the Uniform Probate Code, a personal representative can resign by filing a written statement with the court after notifying interested parties at least fifteen days in advance. However, this resignation is ineffective until a successor is appointed.
In New Jersey, you can seek the removal of an administrator for cause, which may include:
- Failure to perform duties
- Mismanagement of the estate
- Disregarding court orders
- Inability to discharge duties
- Leaving the state or refusing to proceed with administration
If you believe your sister is not fulfilling her responsibilities, you may file a Complaint for Accounting in Superior Court. This complaint requests the court to remove her and appoint a new administrator. To succeed, you must demonstrate serious wrongdoing, such as:
- Incapacity due to mental or physical illness
- Criminal activity that disqualifies her
- Serious misconduct affecting the estate
It's advisable to consult with an attorney to navigate this process effectively.
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.