Legal Question in Wills and Trusts in New Jersey

Re: 3 ?�s re selling the house in mother�s estate.

I would need to examine the terms of the will to see if title to your mother's house passed to you and your siblings when the will was probated. It's possible that it did, depending on the exact wording of the will. If you and your brothers are now co-owners, the executor can't soley dictate what happens to the house (sell or keep, etc.).

If the house passed as part of the residuary estate, then the executor can effectuate a distribution either in kind (new deed with each of you as co-owner) or in cash (sale of the house and distribution of the proceeds).

In the later situation, you have rights as a beneficiary (you are entitled to basic information concerning the sale, etc.) and the executor is under a fiduciary duty to all beneficiaries to get the best price. If you feel the price is too low, you should obtain an appraisal of the house which you will need to make your case against the executor.

I would not encourage you to hire your own realtor as you suggest. That would do nothing but complicate matters (besides, you personally don't have good title to the property anyway, so what would you be selling?).

Re: 3 ?�s re selling the house in mother�s estate.

Question1: you will be equal owner in the house after Dan , the executor, executes a deed conveying the property to yourself and your 2 siblings--that is his job/responsibility as executor.Question 2: you have the right to the information regarding the real estat listing; but it appears that IF your brother listed the house for sale that would be in direct conflict to the intention of your moth Question 3: you have the right to hire a realtor to list the house for sale BUT all owners of the property must sign the listing and also must sign the deed conveying the property to the new buyer.

Re: 3 ?�s re selling the house in mother�s estate.

Both John and Steve are correct, presuming there are no specific instructions in the Will as to what happens with the house (presumably the Will just states, in general language, that all assets, which includes the house, is to be split three ways. If that is the case, and a new Deed naming the 3 siblings as owners has not been prepared and recorded, the Executor has superior rights to make a determination on what happens. In most situations where I have represented an estate and/or the Executor, I first see if any heir wants it, rather than go directly to sale. If one or more heirs want to keep it, the house is appraised and the ones who want it can buy out the others. In any event, as an heir (1) you are entitled to all sale information, including commissions to be paid, sales price, terms of sale, etc., and (2) Failure to keep you advised may be a breach of fiduciary duty by the Executor. If you feel the sales price is undervalued, you can ask for an appraisal. While the Executor may have the right to sell (again, I have not seen any language of the Will), and can give a Deed without the signatures of all persons inheriting, the preferred thing (I always recommend it) is to have the Executor sign and also to have all persons and spouses (if any are married) also sign the final Deed. This assures the Buyer that no claims can be made later regarding the sale, and is particularly so if one of the heirs was also residing there with or without the decedent. Having anyone with a potential interest sign the final Deed may be cumbersome, but better to be safe than sorry. Finally, you have made no comment about potential estate or inheritance taxes and a tax waiver may be necessary, although if the estate is under $675,000 a simple Affidavit may cover this. Some requirements may be set by the Buyer's title company.