Legal Question in Wills and Trusts in New Jersey

My dad passed away and my sibling is executor of the estate. The Will has the estate jointly divided between myself & my sibling. I was living in the house with my dad and I am still living there today. Does my sibling have the right, as executor of the estate, to force me to leave the house (move out)? We are planning on putting the house up for sale. Isn't the house technically half mine? Also, my sibling is taking property from the house at will & distributing it to others and keeping things for himself. What right does he have to take away property & distribute, when I technically own half the house and half the contents? The Will was handled (probated?) by a county clerk, I believe, without a Lawyer. What rights do I have? Please help.


Asked on 6/27/10, 8:05 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

This does not sound right at all, taking and handing out things from the house and keeping things for himself. He has very serious duties, and must handle things properly.

Selling the house is one way to handle this. Why would your brother want to force you out and leave the house vacant? There are a lot of reasons for him NOT to do that.

I handle many situations like this for my clients. It sounds like you need me to advise you and take action for you. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/28/10, 8:04 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

You and your brother should try and sit down and mediate this mess before it ends up in court and you both spend a lot of money you don't have for no good reason. If your brother had hired a good estate attorney, much of this could have been avoided.

Unless you agree to buy out your brother's one-half interest in the house, then it needs to be sold, and the sooner the better [the house drains money from the estate to pay taxes, insurance, utilities, etc.].

As for the contents, if they are to be divided equally between you and your brother, he has no right to be taking things or giving items away. All items should be returned, and you and your brother should agree on a way to divide everything. He can then give away his half to whomever he choses.

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Answered on 6/28/10, 9:42 am


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