Legal Question in Wills and Trusts in New Jersey

Re: Any Entitlement without Will?

Assuming you and your brother are the sole heirs, you are each entitled to half the estate. If your brother is the administrator, he has a fiduciary duty to pay all debts and distribute the estate. I don't see how you have a 'right' to live in the estate property rent free.

Are there other assets other than real estate? Perhaps it's possible to distribute the house to you as part of your 1/2 share. If not, the house needs to be sold. In the meantime, if you are using the property it seems unfair for you to recieve all the benefit (place to live) and none of the burdon (rent and expenses of real estate).

Re: Any Entitlement without Will?

You do not state the relative values of the properties and other assets of the estate. You are entitled to 1/2 of the estate, which could be distributed to you in cash or in kind. You could take your share of the estate in kind, meaning that if the houses were of nearly equal value, you get one and your brother gets the other. Any valuation differential can be adjusted between you by using other assets or your paying your brother his share of the differental in values. In a technical sense, you have the responsibility to pay rent, but 1/2 would only benefit you anyway. Both of you are entitled to be appointed as administrators of the estate and both of you have the responsibility to pay the carrying charges until the estate is settled. I suggest you talk to your brother, determine the value of the estate and what bills need to be paid, agreeing to split everything 50/50. You can agree that one house will go to you, so you can live there (with the Deed to be given when the estate is settled), and assume the payment of the bills to carry that house since it will ultimately be yours when everything is settled. Contact me if you have any questions.