Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Friday, August 11, 2017

Actions by fiduciaries

3B:14-38. Actions by fiduciaries


3B:14-38. Actions by fiduciariesThe fiduciary or a majority of the fiduciaries who qualify may maintain an action in any court of this State without joining any fiduciary who has failed to qualify or join in the action. An action so brought and judgment recovered thereon in the name of the majority shall be as valid and effectual as if brought by and in the names of all the qualified fiduciaries.

L.1981, c. 405, s. 3B:14-38, eff. May 1, 1982.
3B:14-39. Several fiduciaries sued; judgment and executionIn a civil action in any court of this State against two or more fiduciaries, those served shall defend the action on behalf of all of them.

If, in the action, judgment is recovered by the plaintiff payable out of the decedents estate, he shall have judgment and execution against all the fiduciaries named in the process, to be satisfied out of the decedents estate.

L.1981, c. 405, s. 3B:14-39, eff. May 1, 1982.
3B:14-40. No actions against personal representatives within 6 months of grants of letters; exceptions; executionTo enable personal representatives to examine into the condition of the estate and to ascertain its amount and value and the debts to be paid, no actions, except for funeral expenses, shall be brought or maintained against personal representatives within 6 months after letters testamentary or of administration have been granted, as the case may be, unless by special leave of the court in which the action is brought; and, if leave is given, no execution shall issue within the period of 6 months.

http://www.njlaws.com/3b-14-38.html?id=6404&a=