What happens if an executor doesn't follow the will? My mother and my aunt, my mom's sister, are both executors to my grandmothe

Wills And Estates 3 views 3 answers
What happens if an executor doesn't follow the will? My mother and my aunt, my mom's sister, are both executors to my grandmother's will( their mother). My grandmother had a written will. My grandmother left her home to her six grandchildren.The home is worth a decent amount of money because it is a shore home in nJ. The will was written in a way thta it is causing issues between the family because it states that if the home is sold the money must go into an account to gain interest. It is not until my mother or aunt has passed on that the grandchildren can have access to the money. My mother has been living in the home for the past 7 years now but has had more and more difficulty keeping up with the house and all the taxes and insurance etc... My mom can no longer live in the house because she cannot afford it since she is unemployed at the moment. My aunt and mom and I ( I am one of the grandchildren) have recently discussed that the house will be sold. They are the executors so they are most likely going to sell th ehouse. The thing is that all the grandchildren have expressed that they are in need of the money now and agree to split the money between allthe grandchildren and the two executors. My aunt is just afraid of what the consequences may be in nj if you do not follow a will. I am not sure what the issue is really because All people involved in the will are ok with signing something and getting a share of the money once the home is sold. the will is not really being changed the only thing is that the grandchildren will be able to have the money sooner than later. We all need the money now so how can we or is there anyway we can just sell and split the money as long as we all agree to it and everyone signs. I just want to know what the consequences may be if the will is not followed exactly as it was written. Please help!

Attorney Answers

3
Mitchell Port ·
In California, the court oversees carrying out the terms of the Will during the probate process. If the executor is not following the Will, anyone else involved in that probate may file a petition with the Court compelling the executor to fulfill his/her duty or otherwise possibly be removed and replaced. In New Jersey, the rules may be different and you ought to consult with an experienced attorney. I hope this helps. Please remember to designate a “best answer” to your question. Mr. Port is licensed to practice law throughout the state of California with an office in Los Angeles where he handles probate, tax disputes, estate planning and business transactions. He is authorized to handle IRS matters throughout the United States. His phone number is 310.559.5259, his email address is [email protected]. For more tax, probate, estate planning and business articles visit his website www.los-angeles-lawyers.biz, his tax blog at www.californiataxattorneyblog.com and his probate blog at www.californiaprobatelawyerblog.com.
0 upvotes
James Frederick ·
Some states provide that the Will terms can be amended, provided that ALL of the beneficiaries agree to do so. The probate court then needs to approve the agreement. In your case, is the estate still open? This definitely IS a change in the provisions of the Will because the grandchildren were not supposed to get anything during your mother's and aunt's lifetime. They have NO legal requirement to pay the money out early, and it probably is not a good idea, as far as they are concerned. I would suggest that your mother and aunt meet with a probate attorney to see if such a change in the terms of the Will would be permitted and what the procedure would be. James Frederick
0 upvotes
Lawrence Friedman ·
Unlike most other states, NJ's probate system does not require court involvement once executors are appointed. Depending on will terms and capacity of beneficiaries, it MAY be possible to distribute an estate other than as the will provides on agreement of the beneficiaries. However, beneficiaries don't have a right to undercut a decedent's intent expressed in the will. Nevertheless, if all beneficiaries have full capacity and agree along with the executors, it is likely that an experienced trusts and estates lawyer could accomplish the beneficiaries' goals while protecting the executors. If agreements aren't properly documented and any needed court approval obtained though, the executors could be in BIG trouble and there even could be negative tax ramifications. Therefore, my advice [and I can't stress this enough] would be for the executors to work with an experienced trusts and estates lawyer who also has tax expertise. While Toms River isn't around the corner, I often work with clients from down the shore and would be happy to work with you and/or the executors if interested. Lawrence Friedman, Bridgewater, NJ. 908-704-1900. Member Board of Consultors of NJ State Bar Association Real Property, Trusts & Estates Law Section, Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, and former Chair NJ State Bar Association Elder and Disabilities Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys.
0 upvotes

People Also Asked