Thank you for your clarification, J.
As an executor, she has certain executor duties
that she must follow, which include:
Manage the Estate
Take Care of Tax Matters
Pay the Debts
Distribute the Assets
In performing these duties which the executor assumes, they must generally act with the care and skill which a person of ordinary prudence would exercise under the circumstances. See In re Koretzky, supra, 8 N.J., at 524.She has not done this here
, and has burned through the estate.
Now, someone in your situation may wish to do the following - file a Motion to Remove Executor
from the estate. See here
. Once the Court has seen that she has dragged out the estate, has spent the money, and otherwise, it should remove her and appoint someone else to distribute the estate. The Court may also order her to pay you for any money spent that she did not. If not, then you may have a civil suit against her for negligence
Negligence cause of action has four elements: (1) duty of care, (2) breach of duty, (3) proximate cause, and (4) actual damages. Weinberg v. Dinger, 524 A. 2d 366 - NJ: Supreme Court 1987
The five elements of common-law fraud are: (1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages. Jewish Ctr. of Sussex County v. Whale, 86 N.J. 619, 624-25, 432 A.2d 521 (1981)
May I recommend the NJ Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Good luck.
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