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Lawyer Lori
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2102
Experience:  Attorney - estate planning and probate.
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What are my legal rights The executor (brother) is holding

Resolved Question:

What are my legal rights? The executor (brother) is holding back funds from being distributed from my mothers estate because of a personal dispute which has nothing to do with the estate. (The Total sum $6000.00) has not been distributed between my sister and I.
He did not take 10% of the total estate for his time and work to execute the will. How can I get him to distribute what is due us?
Submitted: 3 years ago.
Category: Estate Law
Expert:  Lawyer Lori replied 3 years ago.
As the executor, your brother has the obligation to fairly administer the estate. As a beneficiary, you have rights. If you do not feel comfortable that he is handling the estate properly, you may: 1) file a Complaint for an Accounting to see the financial status and history of the estate; or 2) file a Complaint for Removal of the Executor. The court clerk should be able to provide you with the format for these complaints.

Hope this helps.
Customer: replied 3 years ago.

Lori, thank you . I think it is a little late to file a complaint when he has already fairly distributed 95% of the funds.and done his job. He is just holding back this 6,000 to be spiteful due to a family dispute. Do you think a complaint is the way to go or just have a letter written by an attorney to scare him into distributing the balance?
Expert:  Lawyer Lori replied 3 years ago.
I was not aware that he had already disbursed the bulk of the estate. Yes, I agree that before filing a complaint, you should try having an attorney send a letter requesting the final distribution and that he has been authorized to bring the appropriate legal action against him. This may be enough to get him moving.

Good luck.
Customer: replied 3 years ago.
Lori, Thank you again, but one last question. What do you estimate the cost to be for an attorney to write a letter? Is that a service that you provide and if not, can you recommend an estate lawyer in the bergen county, NJ area?
Expert:  Lawyer Lori replied 3 years ago.
Unfortunately, this site is not set up to refer you to an attorney. I recommend that you contact the county bar association for a referral. I would expect that this letter (which would include a quick review of the probate file) will probably run you no more than $200-300.
Customer: replied 3 years ago.
Lori, Please include an additonal 5.00 as a tip making it 20.00 for your fee. I clicked accept answer but did not know if it went through. Thank you for all your help and I will definately use your service in the future.
Expert:  Lawyer Lori replied 3 years ago.
Unfortunately, the Accept did not take. You may want to try again, but wait a couple of hours to make sure that it does not double deduct. If it does, I will request that the duplicate amount be refunded to you immediately.
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2102
Experience: Attorney - estate planning and probate.
Lawyer Lori and 4 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok, I will try again later.
Expert:  Lawyer Lori replied 3 years ago.
Went through. thanks.

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