Legal Question in Wills and Trusts in New Jersey

Re: Beneficiary of real estate

Both Jon and Robert are correct, if you are the sole heir. I suspect that the Executor/Administrator feared that there would be no liquidity in the estate to pay debts, expenses, commissions, etc., which may explain the reason for the sale. As sole beneficiary, unless the Will specified that the house was to be sold, it could have gone to you, in kind, with your assuming full responsibility to pay the estate obligations, preseuming there were no other assets available. Common courtesy, if not the law, would give you possible rights. You do not say if there were ever any communications between you and the Executor about this. You do have the right to raise questions since the Executor has a fiduciary duty to you as the sole heir. More facts from you may be needed if you want to try to upset the sale, and, if so, you should contact an attorney before the closing.

Re: Beneficiary of real estate

Are you the sole beneficiary of the estate? If so, the house passed to you (subject to any debts or administration expenses). The executor probably should have sought your opinion on the sale. If the sale of the house was not required in order to pay debts or expenses, the preference under NJ law is for a distribution in kind (meaning the executor would have deeded the house to you as part of your distribution).

You will be able to question the sales transaction (and all other estate matters) when the executor files her accounting. As a practical matter, the buyer's title company may require the executor to also have you sign the deed of sale in order to transfer good title...which may delay the sale if you refuse to do.

Re: Beneficiary of real estate

I see situations like this every once in a while. She is in charge of the Estate, but all of the property goes to you, if I understand you correctly.

I have read what Attorney Jon Chester wrote, and he is correct. She should be acting cooperatively with you, which would be the smart thing for her to do. If she will not, then you should get a lawyer to advise you a bit, see what your best options are.

If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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