Haddonfield, NJ asked in Civil Litigation and Probate for New Jersey

Q: How long do I have to object to an accounting and file a surcharge action against an estate representative in NJ?

A recent Court order details the estate representative is to complete the estate and provide an informal accounting by the next hearing date, which is a month from now. After conducting a property records search I found a number of estate properties have yet to be listed and/or sold. I have doubts the estate representative can sell these properties in less than a month. How can the estate be completed if all estate properties have yet to sell? I have reason to believe the estate representative breached fiduciary duty in managing the estate. How long after the estate representative files the final accounting or closes the estate do I have (e.g., statute of limitation) to object to the accounting and file a surcharge action for breach of fiduciary duty?

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Consult with a NJ attorney: but are you sure the real properties that you looked at are in fact assets of the Estate? Chances are the heirs at law own them, not the Estate. You might search the titles also and determine present ownership. If they are Estate assets, then file a motion to remove the fiduciary for cause.

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