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Can the executrix of a will hold out payments from a lawsuit?

Question Details:The executrix of my mothers will has received payments. from a law suit that was filed after my mothers death. The law firm has sent proceeds to the executrix and none of the beneficiary's have been notified or contacted in 18 months.

Asked 2 years ago under Wills, Trusts, Probate | 391 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

I think it's time for the beneficiaries to hire an attorney and get some answers -- or file a petition with the probate court, to force the executrix to provide the answers.

Any estate is always under the court's power of supervision.  And the executrix, or other personal representative, is under a fiduciary duty to deal with the estate and its beneficiaries in the utmost good faith.  There are, sometimes, good reasons for delays like this in settling an estate, but sometimes there isn't a good reason.  You're entitled to know, one way or another.

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