Legal Question in Elder Law in New Jersey

house

My parents house has been left to both my sister and myself . I have been here for over 4 months taking care of my parents until their death.

My sister is the executor of the will can she make me move out of the house?


Asked on 2/26/09, 2:45 pm

1 Answer from Attorneys

Laura Foord Laura Akscin Foord LLC

Re: house

As Executor, your sister's obligation is to follow the directions given to her in the Last Will of your parent. You did not state which parent died first, and whose Will is being probated, so I am assuming that the Will specifically bequeaths the house to you and your sister. I am also assuming that the parent's debts and estate expenses have been paid or otherwise provided for, and that there is no legal reason to delay the transfer of the house as directed by the Will.

Once the house has been transferred by deed to you and your sister, it will be up to the two of you as co-owners, to work out the various ownership issues.Those issues include: residency, payment of taxes and household expenses and maintenance, and who will benefit from the tax deductions related to home ownership. You may need the assistance of an attorney to find an agreeable plan. If you cannot agree, it may be necessary for one of you to purchase the share of the other beneficiary in a buy-out.

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Answered on 2/26/09, 3:11 pm


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