Legal Question in Wills and Trusts in New Jersey

Estate dispute

My father passed away in Jan of 2006 and left his will leaving me and my brother half and half of the estate. The estate is 2 houses in which I and my wife are living in one of them for the past 10 years. My dad made both me and my brother executors but I could not be one because of my health (was in hospital for a year from a car accident). My brother is very vile to me and wants to sell both houses and kick me and my wife out. He says he will give me half of whatever the houses sell for. But that could take years and I would be out on the street. I don't want to leave my house and in fact want to move into the other house because it's bigger and my wife is expecting our second child. What can I do to force my brother to give me half of the estate value now, like our dad had wanted? Is there a time limit that executors have to settle an estate?


Asked on 9/16/07, 8:57 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Estate dispute

It appears that an action similar to one for Partition needs to be brought in the Superior Court, Probate Part, seeking approval of your proposal. In essence, you will be seeking approval and direction from the Court allowing you to purchase the second house, and distributing the estate to equalize values between your brother and you. You will probably need appraisals from several real estate brokers familiar with the current values of both houses, plus values of all other assets after estate debts and claims are paid/provided for. Your proposal will be to accept title to the second house, allow the first house (your current residence) to go to your brother, who can then keep it or sell it, plus give him sole rights to any other assets, and possibly pay him any differential in value of what you are getting and what he will get to equalize values between you. I suggest you hire a good estate attorney to assist you in this suit. You do have a right to block a sale, but this must be asserted in Court, along the lines I am suggesting.

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Answered on 9/17/07, 11:42 am


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