Legal Question in Wills and Trusts in New Jersey

Estate mishandling gets stranger and stranger

My mother died in 5/2002. My eldest sister was executrix of her will that stated everything was to be split six ways between her children. At the time of her death she was living at the 1 sister's house and another sister was living in my mothers house at a very low rent help her out. It took 14 months for my sister to move and the executrix refused to tell her to move before that and refused and help for the other siblings in handling the estate. After the house was sold her attorney sent out the consent forms and a very basic accounting of the estate. There was nothing about rent being paid for 14 months by my sister. I questioned this and several more problems I found. It ends up thatthe executrix did not make our sister pay rent for the time that she was there after the death. When I said that money should be deducted from her share of the estate, the lawyer said that it was too late since he sent out the checks to some of the people who signed their release. What are my rights at this point? I do not want to go to court and start a big issue, but I feel many of injustices were done for such a simple will.


Asked on 8/17/04, 2:59 am

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

Re: Estate mishandling gets stranger and stranger

The lawyer for the estate erred by sending checks before all beneficiaries approved the estate. He and the executrix could be responsible if something was done improperly. Unless you want to go to court, there is little you can do, except discuss this with the attorney and the executrix, assert the claim and have them settle it from the executrix's share of the estate. How much is involved with the rent when you split it 6 ways? Is the amount involved worth pursuing? Who paid taxes, utilities, insurance, etc. during the administration period? If these were paid by the sister living in the house, the estate was relieved from these costs and might balance out the rent. Unless you can prove there was rent paid, the amount due and that no costs of operating the house were paid by the sister, you would have a hard time if you sued. Did the Will say anything about this. Bottom line, is your share of what was not paid worth fighting over. Suit will probably cost more that your recovery.

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Answered on 8/17/04, 10:23 am


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