Executor, who is also trustee and was guardian of senile decedent, ignored requests for documents to get proof of size of estate

You question is a matter of judgment and preference depending on your aim in filing a complaint. If you want an expedited distribution, then you will want to wait until after distribution to file a complaint. However, if your claim will help you somehow receive a larger distribution, or if your interests will be compromised without filing the complaint, then you will want to hire an attorney ASAP, since it may be difficult to recover funds that have already been distributed.

If estate over $675,000, NJ Estate Tax return and NJ Inheritance tax return due in 8-9 months. If not done by then, file complaint to compel accounting and for discovery. Order to Show Cause in Probate Under New Jersey Law, the people selected as an executor of a Will have numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary tax returns, file paperwork with the surrogate, then distribute the assets to beneficiaries. If there is no will, someone can petition the surrogate to be appointed as "administrator" of the estate. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Executor simply fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney to file a complaint, and an Order to Show Cause in Probate in the Superior Court. COMPLAINT TO COMPEL FOR ACCOUNTING BY EXECUTOR OR ADMINISTRATOR A Complaint to Compel Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate. A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, plus to appear before the court at a specific date and time. As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $200-$310 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front. EXECUTORS COMMISSIONS Executors are entitled to receive a commission to compensate them for work performed. Under NJSA 3B:18-1 et seq. Executors, administrators and other fiduciaries are entitled to receive a commission on both principal of the estate, and income earned by assets. However, if you have evidence the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint and Order to Show Cause can request that the commissions be reduced or eliminated. SALE OF REAL ESTATE AND OTHER PROPERTY Occasionally, a family member is living in a home owned by the descendant. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it sometimes later becomes clear that the resident has no desire on moving, and the executor has no intention to make them move or sell the house. The remedy a beneficiary has can be to have your attorney file in the Superior Court a complaint to include a Count to: 1) remove the executor 2) remove the tenant and make them pay rent to the estate for the time they used the real property since death without paying rent 3) compel the appraisal of the home and thereafter sale of the property 4) make the executor reimburse the estate for the neglect or waste of assets. more info at http://www.njlaws.com/order_to_show_cause_in_probate.htm

I recommend that you hire a lawyer to advise you. You will not be well-advised at all if you hold off on hiring a lawyer until some certain time based on your understanding of the proceedings. For example, there is no way to tell with any certainty when the distributions will take place, and by that time your opportunity to object may be gone. You say that the executor has ignored your requests for documents. Are you sure that he is obligated to provide such documents at this time? The executor's actions may be wrongful, but they may not. It sounds like you need an estate administration or probate lawyer to help you understand what's happening and to strategize with you about keeping this executor honest and on time. I'm afraid that waiting to talk to a lawyer will be penny wise and pound foolish. You can use the "Find a Lawyer" tab above to find someone in the area. Talk to several lawyers and find someone that your comfortable with. The initial consultation may be free, and it shouldn't take much time to look into the matter and give you some specific advice. Best of Luck. this rather than get free advice about when to hire a lawyer