mother died in NJ had a last will ( 4 inheritors) PR. Do we need to declare inheritors? She Resided last NJ.

Question

There are 4 inheritors (1-biological child, 1 legally adopted child and 2 grand children from a deceased son)** in the will; we are all adults. However, my sister continues to say we need a declaration of inheritors. Is this correct?? There is a property in Puerto Rico (2 houses) First house fully paid for and the other was a top floor addition which is not fully paid yet (mortgage payments). MY sister, the oldest, is requesting all of us to make payments on mortgage, for the top floor payment but her name is the only one appointed at the mortgage bank. Are we ALL responsible for my deceased mother debt? My sister won't provide us with proof of debt. My sister refuses to share any type of information because she is the oldest and biological but requests payment for mortgage. Do we file for probate court in Hudson County NJ since this is where mom died.?? Please help this is very confusing and aggravating, we would like to save the house from the bank for non payment but we need help.

Leonard R. Boyer · Answer

Everyone has to be declared. You should retain a Probate attorney to handle this matter for you. Good luck.

Mr. Kenneth Albert Vercammen · Answer

A will determines who receives the assets. The Executor controls the estate. If you are unhappy with executor, have complaint filed to remove. 
Removing the Executor of a Probate Estate  
By Kenneth A. Vercammen, Esq. 
 In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally 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 file a Complaint in the Superior Court.  More info at http://www.njlaws.com/removing_the_executor_of_an_estate.html 
 
COMPLAINT FOR ACCOUNTING 
A Complaint for 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, as well as 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 $300-$450 per hour, with a retainer of $4000 needed. Attorneys will require the full retainer to be paid in full up front. We charge a consult fee of $200 to discuss the case. 
The plaintiff can demand the following: 
(1) That the named executor be ordered to provide an accounting of the estate to plaintiff. 
(2) Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death. 
(3) Payment of plaintiff's attorney's fees and costs of suit for the within action. 
(4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate. 
(5) That the executor be removed as the executor/administrator of the estate and that someone else be named as administrator of the estate. 
(6) That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff. 
EXECUTOR'S 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 the principal of the estate, and the income earned by assets. 
However, if you have evidence that the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint 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 decedent. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it may later become clear that the resident has no desire on moving, and the executor has neither an intention to make them move nor to sell the house. The remedy a beneficiary has can be to have your attorney include in the Superior Court complaint 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, the sale of the property 
4) make the executor reimburse the estate for the neglect or waste of assets.

The New Probate Statute of NJ revised various sections of the New Jersey law on Wills and estates. law makes a number of substantial changes to the provisions governing the administration of estates and trusts in New.

Mr. Kenneth Albert Vercammen · Answer

A will determines who receives the assets. The Executor controls the estate. If you are unhappy with executor, have complaint filed to remove. 
Removing the Executor of a Probate Estate  
By Kenneth A. Vercammen, Esq. 
 In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally 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 file a Complaint in the Superior Court.  More info at http://www.njlaws.com/removing_the_executor_of_an_estate.html 
 
COMPLAINT FOR ACCOUNTING 
A Complaint for 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, as well as 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 $300-$450 per hour, with a retainer of $4000 needed. Attorneys will require the full retainer to be paid in full up front. We charge a consult fee of $200 to discuss the case. 
The plaintiff can demand the following: 
(1) That the named executor be ordered to provide an accounting of the estate to plaintiff. 
(2) Defendant, be ordered to provide an accounting for all assets of d1 dated five years prior to death. 
(3) Payment of plaintiff's attorney's fees and costs of suit for the within action. 
(4) Declaring a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate. 
(5) That the executor be removed as the executor/administrator of the estate and that someone else be named as administrator of the estate. 
(6) That the executor be barred from spending any estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff. 
EXECUTOR'S 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 the principal of the estate, and the income earned by assets. 
However, if you have evidence that the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint 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 decedent. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it may later become clear that the resident has no desire on moving, and the executor has neither an intention to make them move nor to sell the house. The remedy a beneficiary has can be to have your attorney include in the Superior Court complaint 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, the sale of the property 
4) make the executor reimburse the estate for the neglect or waste of assets.

The New Probate Statute of NJ revised various sections of the New Jersey law on Wills and estates. law makes a number of substantial changes to the provisions governing the administration of estates and trusts in New.

Q: mother died in NJ had a last will ( 4 inheritors) PR. Do we need to declare inheritors? She Resided last NJ.