I want to be sure that I did not just sign up for a monthly plan with your company but a one time question.
1. I am not privy to any information about this matter. I will ask JA to follow-up with you on this and confirm accordingly.
My brother and I are executors.
2. It sounds like then that you were both executors and both beneficiaries
An executor has a fiduciary duty
to act in the best interests of all the beneficiaries under the will. Branch v. White, 99 N.J. Super. 295, 306 (App. Div. 1968). The most fundamental duty owed by an executor to the beneficiaries is the duty of loyalty, see, e.g., Wolosoff v. C.S.I Liquidating Trust, 205 N.J. Super. 349 (App. Div. 1985), and the executor is obligated to deal impartially with all beneficiaries, In re Koretzky’s Estate, 8 N.J. 506, 530 (1951). An executor cannot use his/her position to further his/her own personal interests. Taylor, supra, 137 N.J. Eq. at 225-227.
So, based on the law above, yes, your brother would have had a duty to disclose what he knew about the value of the pictures to you.
Has too much time passed to do anything now? Is it old news.
The NJ limitations period appears to be 6 YEARS for a breach of fiduciary duty causing purely economic loss and is controlled by the substantive law governing the relationship (Balliet v. Fennell, 845 A.2d 168, 170, 172 (N.J. Super. Ct. App. Div. 2004))