Legal Question in Real Estate Law in New Jersey

Agreement of Transfer

I have an agreement of transfer for a home, within an estate. The transfer of the home is part of what was bequeathed me, (I am 70% bequeathed in this Estate with fair amount of Cash and Stocks) I was given no time limit to sign off on the transfer. The Executrix and her Attorney transferring the home were informed via US Mail, that once the proper inspections & deed search were completed by my Attorney that I would sign off if all matters were in order. They were also informed buy US Mail, that I would be out to sea for one mo. and that I would not be able to sign off until my return. During my time away, they sold the home without informing either my attorney or me. I have a Support of Order to Show Cause for Temporary Restraints in the courts at present. Can I file suit against both the Executrix and her Attorney personally for failure of said agreement to transfer home to me?


Asked on 12/20/00, 6:02 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Agreement of Transfer

If the Will specifically devised you the house (stated you are to get it), you have the right to sue to reclaim it; particularly since you put the executor and attorney on written notice. Was it by certified or registered mail? You might have to prove they received it, if the Will gave the executor the right to sell the property and give you the proceeds. However, they appear to have violated the terms of the Will by selling it without notice and your approval, and suit for both recission of the contract and violation of the terms of the Will should be brought. You may also have a malpractice claim against the attorney. You may also want to have the executor removed for this position as well and have a replacement executor appointed.

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Answered on 12/26/00, 9:56 am


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