There is nothing easy about being named the executor of an estate. The individual in this position has a significant amount of responsibility. While most executors can make it through the probate process in New Jersey without any hiccups, others may find themselves dealing with a number of problems, some that may ultimately lead to them being accused of executor misconduct.
While an executor does have a lot of power, being designated to this position does not give one the right to do whatever he or she wants. At the end of the day, the executor’s job is to secure assets, pay debts and taxes, pass along assets to beneficiaries as the decedent wanted and officially close the estate. Everything an executor does has to be for the benefit of the estate.
Executor misconduct comes in several forms. If one fails to follow instructions left in the will, this would be a form of misconduct. If one fails to open a probate case in a reasonable time frame, this too may be deemed executor misconduct. Finally, if one makes decisions about the estate for personal gain or uses money from the estate for personal expenses, misconduct claims are likely to follow.
Being accused of executor misconduct in the state of New Jersey is a serious matter that can have significant consequences if any truth to the accusations is found. Legal counsel can assist estate executors in fulfilling their duties appropriately to avoid such claims. If, however, allegations of misconduct do arise, legal counsel can help one resolve the issue as quickly as possible.
