Legal Question in Wills and Trusts in New Jersey
Dispute with stepchildren
I'm 77 and live alone in a condo in NJ. My late husband (died in 06) and I owned it, at first by the entirety, and later, as tenants in common. In his will, I get 50% of the condo with the other 50% going to his 4 kids. There is no mortgage. I've been paying all the bills: maintenance, property taxes, insurance, and utils, since his death. It had only just occurred to me that since I only own 50%, I should only be paying 50% of the taxes My stepchildren should be paying the other 50%. However, they claim we had a verbal agreement shortly after their father died, that I would pick up 100% of the expenses since I'm the only one who would be living there. There was never any agreement. They say that if they are to pay 50% of the taxes, that they will charge me rent. My late husband's will mentions nothing about expenses in any way.
1. Can I force them to pay their half of the taxes, even retroactively? If they don't pay, will I be able to deduct it from proceeds of a sale?
2. If I did get a favorable court order, could it be applied retroactively to when their father died since I've been paying 100% of the expenses since then?
THANK YOU VERY MUCH
2 Answers from Attorneys
Re: Dispute with stepchildren
It sounds like you own 75% of the condo, but I would have to read the will and see the latest deed to be sure. By living in the unit, they would be entitled to a fair share of a fair market rental, but then they would be obligated to pay their share of all expenses. The reality is that it would probably be a wash. The best thing to do is have the property appraised and pay them off so you own the whole thing. I can help you with all the paper work. Please contact me.
Re: Dispute with stepchildren
I generally agree with Bernard as to your rights and obligations, differing on what percentage you own. If your late husband left his share to his children, you only own 50%, not 75%. The predicament you are in is due to faulty handling of this in your late husband's Will; that he made no provision or never discussed who would be responsible for what. This will become an issue if the house ever needs a major repair (new roof, heating system, etc.). I suggest you meet with your step-children and come to some arrangement as to all items (regular expenses like taxes, insurance, reiars and maintenance) and put it in writing. I can assist you if you need help.
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