Legal Question in Wills and Trusts in New Jersey

My mother passed away recently, leaving me 1/3 of the estate. My sister is still living in Mom's house in NJ, which has a reverse mortgage. My sister (supposedly) is the executor, insists on doing everything her way, and won't discuss things on a mature level with either myself or my brother who is equally involved.

I'm sure I won't even get a copy of Mom's will.

My fear is, I know my sister will only think of herself, will steal everything she can, and I'll be stuck having a legal obligation to clean up whatever mess she may cause, yet, I still have no say in how things are done in the interim.

I live in NC. What can I do to protect my interests, see to it that things are handled properly, and assure everything is done fairly ?


Asked on 10/24/12, 2:28 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

There are several issues here.

First..Did your mother have a will and was it probated? If yes, and your sister is the executor, by law she must provide you with notice of probate and a copy of the will. No exceptions.

If there is a Reverse Mortgage, most have provisions about what happens when the homeowner dies...typically the mortgage is payable at that time...so the estate [your sister as executor] will need to pay off the mortgage. I'm assuming there is little or no money in the estate [usually the case in a reverse mortgage situation]...So the house will need to be sold ASAP...otherwise interest will continue to pile up.

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Answered on 10/24/12, 6:21 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Jonathan about getting a copy of the Wil and the reverse mortgagte problem. Do you or your brother want to pay off the mortgage? It is against her requirements as Executor to live in the house without paying all bills and to delay the payoff of the mortgage. You can get a copy of the Will for a small fee by contacting the Surrogate in the County where Mom resided at her death. They will also tell you who is truly the Executor and who is the attorney for the estate. If the Executor is acting improperly, a suit in the Superior Court in the County will hold her responsible and she can even be removed from office in an appropriate action. This response is for information purposes only and is based upon the information set forth, and the reply is not intended to be legal advice or as creating an attorney-client relationship. Different or missing facts could change the response.

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Answered on 10/24/12, 11:53 am


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