Verified complaint to compel accounting, removal of executor, and appointment of the contester as administrator of the estate.
Use this when the client is not happy with the work of the Executor
IN THE MATTER OF THE ESTATE OF d1, New Administrator Plaintiff, vs.
d2 Defendant | SUPERIOR COURT OF __ CHANCERY DIVISION: c1 COUNTY
DOCKET NO. Probate Civil Action VERIFIED COMPLAINT TO COMPEL ACCOUNTING, REMOVAL OF EXECUTOR, AND APPOINTMENT OF New Administrator AS ADMINISTRATOR OF THE ESTATE |
Plaintiff, New Administrator, residing at ________, State of __, by way of complaint against defendant, d2 says:
FIRST COUNT- ACCOUNTING
1. d1, while a resident of the Township of ___________, County of __________, State of __, died on ________, leaving surviving as next of kin, _____ children: p1 and d2 and __.
2. The defendant, failed to promptly provide plaintiff with copy of a Will executed by the decedent, d1 (Exhibit 1).
3. Only after requests for information from plaintiff was a copy of the Will executed by the decedent furnished by the defendant, d2 to plaintiff.
4. Plaintiff is a beneficiary under the Last Will and Testament of d1. Plaintiff as one of the surviving children of the decedent is entitled if there is no Will to a portion of the estate.
5. The Defendant, d2 had control over d1's finances and care prior to death.
6. It has been brought to the attention of the plaintiff that decedent's assets may have been distributed by d2.
7. No formal accounting in connection with the estate has been filed by the named executor d2 with the Surrogate.
8. Plaintiff has been informed by d2 that a formal accounting will not be filed with the Surrogate.
9. The estate is still open. Defendant d2 has received assets of the estate and disbursed some without Surrogate approval or court approval.
10. Plaintiff is entitled to an accounting of the estate assets.
11. Plaintiff is also entitled to an accounting of all of the assets of d1 that came into the hands of defendant, d2, during the last four years of d1's lifetime.
12. Plaintiff should also be entitled to an accounting of the money received and expended by d2, the names of claims presented against the estate and against d1 during the five years prior to death, the names of the claims and any other matters necessary to show the value and condition of the affairs of the estate.
13. Plaintiff is entitled to have the accounting rendered by d2 and a final distribution of the estate made to plaintiff.
WHEREFORE, plaintiff demand the following:
(1) That the named executor, d2, be ordered to provide an accounting of the estate to plaintiff.
(2) Defendant, d2, 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 d2 be removed as the executor/administrator of the estate and that New Administrator be named as administrator of the estate.
(6) That d2 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.
(7) Plaintiff be granted further relief as the court will deem just.
SECOND COUNT
1. Plaintiff repeats the First Count as if set forth at length herein.
2. d2 has failed to comply with the fiduciary responsibilities to the estate and to the beneficiaries.
3. Plaintiff requests an Order barring and removing d2 from serving as executor of the estate.
4. Plaintiff requests an Order barring d2's appointment as administrator of the estate.
WHEREFORE, plaintiff demands the following:
(1) That the named executor, d2, be ordered to provide an accounting of the estate to plaintiff and barring d2 from serving as executor or administrator of the estate.
(2) Barring d2 from serving as executor or administrator of the estate.
(3) Payment of plaintiff's attorney's fees and costs of suit for the within action.
(4) Appointing New Administrator as administrator/CTA of the estate.
(5) Plaintiff be granted further relief as the court will deem just.
RULE 4:5-1 CERTIFICATION
I hereby certify that to the best of my knowledge, information and belief, this matter is not the subject of any other action or arbitration, and that no other action or arbitration proceeding is contemplated, and that I am not presently aware of any other party who should be joined in this action.
I certify the foregoing is true. I am aware that if the foregoing is willfully false, I am subject to punishment. I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
Dated: ___________________
_______________________
Attorney for Plaintiff
___, of full age, being duly sworn according to law, upon her oath deposes and says:
1. I am the plaintiff in the above case, and I am familiar with the facts of the case.
2. I have read the above Verified Complaint and it is true to the best of my knowledge, information and belief.
_________________________
New Administrator
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