Who Do I Sue?
Location: New Jersey
Long story short — my late mother’s (decedent) estate just lost a real estate property due to the estate administrator’s lawyer’s failure to file a lis pendens against a mortgage company, costing me part of my inheritance.
Is this a breach of fiduciary duty by the estate administrator or the lawyer? Do I file a suit to surcharge the estate administrator for breach of fiduciary duty or the lawyer for malpractice?
Furthermore, there was a Medicaid lien issued on the estate. The estate administrator sold an estate property to cover the lien. The issue is, the estate administrator shared a joint bank account with the decedent. This account was funded solely by the decedent. The decedent also transferred a real estate property over to the estate administrator within five years before her death. According to NJ Medicaid estate recovery laws, both the joint bank account and real estate property transferred to the administrator were subject to the Medicaid lien. Rather than using any of those two resources to cover the lien, the administrator sold an estate property, thus damaging the estate. The administrator clearly acted in her own interest instead of the best interest of the estate. Can I file a suit to also surcharge her for breach of fiduciary regarding both the Medicaid lien and loss of estate property due to failure to file a kid pendens?
Please help me.
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