Legal Question in Wills and Trusts in New Jersey
I am one of 3 heir-beneficiaries who is the only occupant in house we inherited. I was served court papers from Probate Court as an Emergent Action claiming Irreparable Harm if contract closing date was not met by seller, my sibling Executrix. The contract was contingent on property being vacant at time of closing. I only had 2 business days to Answer complaint, so I asked Court for an adjournment. The original Hearing date was set for the 12th Dec, and contracted closing date was 16th Dec.
A time of Essence letter was sent to Estate Attorney from the buyer's attorney claiming irrevocable harm, and if cannot close contract would be voided or seller would be sued for not performance. Copy of contract was not included in court papers. I have read posts that Time of Essence letter cannot overcome contingencies in a contract and contingencies must be satisfied before it can be sent. Can I conclude that this action is invalid, and Irreparable harm cannot be claimed ? The Estate Attorney is asking for an Order for me to vacate property and for authorizing sale of property. I am an heir-beneficiary who has occupied property for decades, and have offered to purchase the 2 siblings shares. My belief is that I am co-owner or tenant-in-common, as the Will states property given to children "in equal parts" and does not state to sell, and I have a right to occupy property. I believe I can claim Irreparable Harm if I am ordered to vacate.
Thank you for comments.
2 Answers from Attorneys
You really need to engage the services of a lawyer immediately. This is not the time to go looking for answers online. You are in danger of losing your home. I do not handle litigation, so find an estates lawyer who does.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Yeah, I agree with the other attorney. Why are you fooling around? People are trying to take the house NOW, and you are looking for free advice on the computer.
Get a lawyer NOW, and get moving on this.
I do this kind of work; call if you want me to help, and come in and see me NOW.
Robert Davies, Attorney
201 820 3460
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
