Removed executor not entitled to commission In the Matter of the Estate of Hauke

Co-executors appealed approval of the accountings of their parents' estates and imposition of surcharges on them. Decedents died in 2011 and 2012. Co-executors, sons of decedents, hired an accounting company owned by one co-executor to handle the estates' and trusts' accountings. Another son filed an action to compel accountings and trial judge removed co-executors for failure to comply with orders to file an accounting and appointed an administrator. Administrator ended up filing a motion to enforce litigant's rights alleging co-executors failed to cooperate. In 2015, trial judge compelled co-executors to produce tax records and threatened them with contempt. Litigation over mother's estate led to a settlement and release. Administrator filed two separate accountings and trial judge issued an opinion in 2018. Court rejected co-executors' arguments that trial judge abused her discretion, misapplied applicable law and failed to make appropriate findings of fact. Trial judge engaged in extensive analysis, reviewed the cases' extensive procedural history and properly refused to consider the release because it was not raised until closing argument. Trial judge also properly refused to admit allegedly missing accountings three weeks into the trial, found co-executor's testimony not credible as to work his accounting firm allegedly did for the estates and co-executors were not entitled to commissions for work they performed before they were removed.

Source https://www.law.com/njlawjournal/almID/1585203030NJA520017T/