Legal Question in Wills and Trusts in New Jersey

As Adminsitrator of an estate w/no will, can I evict someone from the deceased h

My father passed in a nursing home and his will was invalid. He left a notorized letter giving her his automobile. The surrogate appointed me administrator of the estate. The woman he was living with at the time was still in his home when he passed. She has been there for almost 2 months now. She will not leave, has not paid any bill but her telephone calls, she has hired an attorney, wants a portion of the estate and for me to pay all carrying costs of the home and her legal fees. I have informed her attorney I am prepared to sign the car over when she vacates.

She won't. Can I have her evicted by the sherrif of the county. If not what other options do I have? She has money, and two places to live. One in NJ and her daughter in Florida has provided a mother/daughter arrangement for her. Can someone suggest or advise? Thank you


Asked on 3/21/02, 2:20 pm

1 Answer from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: As Adminsitrator of an estate w/no will, can I evict someone from the deceas

First, you need to go talk to an attorney. If you are in northern Jersey, please call me. Otherwise, call an attorney near the Courthouse where you were appointed Administrator.

If this woman was not married to your father, she has no right to remain in the house and you can file an ejectment proceeding against her. If she makes a claim in the estate, she may be able to stay until it is resolved. A hearing in Probate Court would have to be held. Good luck

Bernie Berkowitz

973-808-2003

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Answered on 3/22/02, 9:30 am


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