Responsibility of executors
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Responsibility of executors
Can a appointed executor live in
the property indefinitly that he
is bound by the will to sell? Said
executor has lived in on the
property in Hunterdon Cty for over
2 yrs.Also property has not been
put on real estate market.
Asked on December 2, 2018 under Estate Planning, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can bring a legal action in chancery court (a part or division of country court) to force the executor to "account" for his action and how he has followed the will; the court can order him to sell the property and distribute the proceeds, to possibly reimburse the estate for the value of the "rent" he owes for living there, and/or can remove him as executor and appoint someone else.
One of the bases for your legal action will be the executor's breach of "fiduciary duty"--his duty of loyalty to the heirs/beneficiaries, and his obligation to not benefit himself at their expense.
Actions in chancery court are substantially more complex procedurally and legally than, say, suing someone in small court or an unpaid bill or a fender bender: you are strongly advised to retain a probate attorney to help you.
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