Legal Question in Real Estate Law in New Jersey

In New Jersey, both brother and sister are beneficiaries of an estate. Sister lives out of state, brother is executor, and sells the deceased parents house without letting his sister know. What is the sisters recourse to receive her share of the estate?


Asked on 10/15/11, 9:00 am

3 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

As a general rule, an executor has the power to sell estate assets without prior notice to beneficiaries. However, to determine what rights the sister has in this case, I'd need more facts and to review the Will. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 10/16/11, 8:37 am
Robert Davies The Davies Law Firm, P.A.

The problem is not that he sold the house, the problem is that she did not get her share.

You can ask the Court to tell him to give answers about what he did with the money, and you can have the Court order him to pay her share to her.

I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 10/17/11, 7:17 am
Walter LeVine Walter D. LeVine, Esq.

As executor, the brother has a fiduciary duty to provide an accounting for the estate and see the terms of the Will are carried out. A suit can compel the accounting if none is offered. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/19/11, 8:25 am


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