Letters of Administration Revoked

A last will and testament will usually designate an executor to carry out the decedent’s wishes. Upon death, the will is submitted to the county surrogate for probate. At the same time, the executor qualifies and is issued letters testamentary, and then may act on behalf of the estate.

When a person dies without a will, any of his next of kin may apply to the surrogate for letters of administration. The applicant must obtain renunciations from the other next of kin to permit the letters of administration to be issued. This means that the others are giving up their rights to become administrators of the estate. This can often become contentious, and result in a complaint being filed with the surrogate seeking to have the court appoint the applicant as administrator. This usually involves a hearing, with the judge determining who will be appointed as administrator.

In a recent case handled by Mr. Whelan, the surviving spouse applied for letters of administration but falsely stated in her application that her husband had no children. She also neglected to disclose the decedent’s interest in two valuable properties. The decedent’s daughter retained this office to file a complaint requesting that the court revoke the letters of administration issued to the surviving spouse due to her fraud in her application.

In response to the complaint, the spouse claimed that the surrogate had not explained to her that the application required disclosure of all children of her husband. She also claimed that she had no idea about the properties, although she had listed one for sale immediately following the issuance of the letters of administration.

Clearly the spouse did not want to seek a renunciation from her stepdaughter, and took an improper shortcut.

At the conclusion of the hearing, the judge determined that the spouse was not fit to serve as administrator, and revoked the letters of administration issued to her. Our client was thus protected from the spouse’s sale of the estate assets without accounting to her stepdaughter for the sale proceeds. It was gratifying to protect our client’s rights in this matter.

Testimonials

We selected you because you took time to talk with me at first contact. I believe it was a good 15-20 minute phone conversation involving a mix of business and personal. In fact, you were the only attorney that asked about what it is we wanted. Every other attorney merely quoted a rate for services. As I recall, you did not even mention money until I asked near the end of the conversation. You give attorneys a good name. I only wish the majority of the other attorneys on this planet had your knowledge and demeanor. Satisfied Attorney Client After years of frustration with an incompetent attorney, I had the good fortune of finding Mr. Whelan. His clear and concise communication style led me to hire him after a free consultation and enabled speedy filing of my case. The difficulties of managing a NJ rental property from CA became manageable thanks to his expertise and knowledge about the complex rental laws in NJ. You took time to talk with me at first contact. You were the only attorney that asked about what it is we wanted. Celeste B. I will never forget my attorney's dedication to obtaining a substantial recovery for me under a severe time deadline and with no cooperation from my former lawyer. Also, Mr. Whelan was very accommodating of my limited English throughout the case and my lack of understanding of the American court system. Personal Injury Client Chuck is well versed in business law, real estate law, landlord and tenant law as well as Planning, zoning and land use. Believe me we challenged his patience, creativity and legal knowledge. Chuck's intellect and ability would be enough. However, his integrity is what impresses me as much, if not more. I would highly recommend Chuck for a variety of legal services without hesitation. We are grateful to be associated with Chuck and appreciate his hard work on our behalf. Happy Small Business Client Mr. Whelan is a great lawyer. His main concern is always the client. In every matter that he has represented me, I have been very happy with the way everything worked out. I know I can trust him to protect my interests and rights. Satisfied Small Business Client Mr. Whelan provides critical services to our executive management team. He provides a very straight-forward and practical approach to our legal issues. He is timely and extremely reliable. Happy Client An extremely capable and trustworthy attorney with an excellent legal skill set. He delivers the results you want and practices his craft with a clear sense of honor and integrity. I would recommend him unequivocally to any person or business needing legal representation or counsel. Happy Client Mr. Whelan is a great lawyer. His main concern is always the client. In every matter that he has represented me, I have been very happy with the way everything worked out. I know I can trust him to protect my interests and rights. Satisfied Client Mr. Whelan is very professional and honest. He has a tremendous knowledge of all areas of law and is very practical in his approach. He is extremely effective at bringing a swift conclusion to various matters. He is well respected by his peers. I would highly recommend Mr. Whelan for any real estate, litigation, bankruptcy or contract issues. Happy Small Business Client Charles has been nothing but friendly and professional with handling my legal needs. Charles has also handled most of my family’s legal matters and real estate closings. I have known Charles for many years and whenever I have needed good advice, I turn to him. Over the years he has become a true friend that I would recommend his services to anyone. Thanks Chuck for all you have done for me! Satisfied Client I have hired Mr. Whelan for several deals over years. I know he will respond quickly and provide professional guidance through every phase of my real estate deals. He is easy to talk to and will make you feel like you're his top priority client. Satisfied Real Estate Client Charles gave me sincere and professional legal advice and even guidance how to understand the situation for free. His opinion was highly professional with deep understanding for the law. I trust him and recommend him for anyone who need a first class trustfully lawyer. John Soliman Mr. Whelan is the absolute BEST!!! He's super professional, to the point, yet very compassionate. He knows his stuff!! I found him online and he got back to me ASAP and we got the ball rolling with no holdup. I would definitely recommend his services with no hesitation. He's trustworthy and won't waste your time which everyone can appreciate. Give him a call!! Sadiyah Thompson Previous Next

New Brunswick Office

Contact Us

Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.

Click the Button Below to Get In Touch

Schedule a Consultation

Watchung Office

Scroll to Top