Legal Question in Wills and Trusts in New Jersey

Can the estate collecting rent after $ distributed

My 3 sisters and I inherited my parents 3 family house when my father passed away. My father said I could live in the studio apt. of this house for free and I lived there rent-free for 2 years after his passing. My sisters agreed I didn�t have to pay rent as we all at some point have benefited from having this house in the family. We sold the house well over a year after I had moved out. My eldest sister is the administrator in handling the splitting of the money. I received my share minus $3500, she told me it was for �loans� I took from the house when in reality it was money given to me by my father when he was alive. She was keeping this $3500 for herself as her administrators fee. When I questioned what specifically the deduction was for, she spoke to a lawyer & realized she could not collect on a debt that was not owed to her. For some reason she is being spiteful and is now saying she will take money from me for rent that wasn�t paid on my part for the 2 years after his passing. Can she do this? Do all siblings have to agree to this? She voided my check when I questioned her initial deduction. My 2 other sisters have received accepted their share.


Asked on 4/25/08, 11:15 am

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Can the estate collecting rent after $ distributed

I would need more details to provide you with an opinion.

However, my advice would be to sit down with all your sisters and try to work this out peacefully. If the amount involved is only $3,500, you will spend much, much, more than that in time and legal fees if you take this to court. It's not worth it.

Read more
Answered on 4/25/08, 11:25 am
Walter LeVine Walter D. LeVine, Esq.

Re: Can the estate collecting rent after $ distributed

I agree with Jon that this is a matter that should be settled between the parties themselves, rather than spending the money to fight it in Court. While your sister may be incorrect about the rent and loan issues (although there was nothing in writing about the free rent, so this could be a risk to you if you litigate) she does have a claim as Administrator of the estate for fees, which are set by statute. However, her fees should be prorated over all heirs, not just allocated to you. The real bottom line is whether or not the aggrivation is worth a few thousand dollars to pursue.

Read more
Answered on 4/25/08, 12:33 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey