Legal Question in Wills and Trusts in New Jersey

Re: Bonds

If you are the Court appointed Administrator you have the right to sell the property. You will be required to do an accounting to the people entitled to a share of the estate by intestacy (dying without a Will) which can be done informally (so it will not be costly). If anyone tries to contest your actions, you can always apply to the Court for approval of your decision to sell. I suggest you advise the heirs of what you intend to do, give them the details of the proposed sale and, if anyone objects, give them the right to match any offer you get. This is a response to an Internet question and the reply is not to be considered as legal advice or as creating an attorney-client relationship.

Re: Bonds

I would need to see the probate records for your mother's estate...It seems unusual that the judge would have required a bond if the only asset was your mother's house...normally the judge would just put a condition in the probate order regarding court approval for the sale of the property which would dispense with the bonding requirement.

I assume you are not the sole beneficiary. In that case, you have a duty to distribute the estate assets to the beneficiaries, and that normally means you are going to have to sell the house, which you should have the power to do.

Re: Bonds

It is not clear from your message whether the Courts have enforced a copy of the Will, or not. If the copy of the Will has been probated and accepted by the Courts, then you are required to follow what the Will says.

You really do need a lawyer to sit down with you, ask all of the necessary questions, and then give you some guidance. I really can not tell you what you should be doing without a lot more information.

YOu should find an attorney reasonably near you who does Wills and Estates.

If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.