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Lawyer Lori
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2161
Experience:  Attorney - estate planning and probate.
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What are my legal rights The executor (brother) is holding

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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?
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 7 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?
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 7 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?
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 7 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.
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 and other Estate Law Specialists are ready to help you
Customer: replied 7 years ago.
Ok, I will try again later.
Went through. thanks.

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