Legal Question in Wills and Trusts in New Jersey

mothers home

Mom passed March08 Will stated everything to be divided equally between 3 children. Monies was used to pay off debts. 2 of 3 children live in home which was left and has a rental income. thrid child has not been given any thing and other 2 have no plans on giving anything or moving plus know I don't have extra money to hire an attorney. I could use the cash to maybe buy my own home. Is there anything I can do?


Asked on 1/05/09, 8:48 pm

3 Answers from Attorneys

Michael Berman Law Offices of Michael A. Berman

Re: mothers home

What county are we talking about?

Did the Estate have a lawyer?

Who handled the probate forms?

Please reply to me at [email protected]

Mike

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Answered on 1/05/09, 10:22 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: mothers home

I would say try to get a lawyer to file an action to divide the estate depending on what the will states of course. The rental income at least may go to you or have them sell the property or get a mortgage to but you out---if you get a lump sum together for a consult and/or to file for you, there may a pot of gold at the end of the rainbow and it's unfair to make you wait if the will did not contain a provision that the two may live there as long as they wish or the like. There are many questions whose answers might help establish your access to a court's powers. If you are close to South Jersey, call or email me the facts (as suggested by the Philadelphia lawyer), I would need similar information for an evaluation of the case .

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Answered on 1/05/09, 11:19 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: mothers home

Was the will Probated? Who is the Executor? You are entitled to an accounting of the rental income and the rest of her estate. The only way to get your share of the house is to file a Partition case with the Court. They will either buy out your share or the house will be sold. You should talk to an attorney as soon as possible.

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Answered on 1/06/09, 11:18 am


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