Legal Question in Wills and Trusts in New Jersey

Re: eviting family member from decede house

You have left out some important facts, so I will try to provide a general answer. The Will controls and if it provides the house is to be sold, the Executor can move to evict your sister, who reluctance to sell can interfere with a sale. Plus she is probably paying nothing to live there, while bills need to be paid (taxes, insurance, utilities, etc.). She can be charged for her usage of some of these bills, while she remains, like rent. She might also claim she is entitled to some fee for tending to your mother, so the eviction litigation could get complicated, if she raises this issue. You have not stated what other assets might be involved in the estate, besides the house. If there are other assets, do they equal 2/3 of the value of the house, after all estate obligations are paid? If so, and you want to be nice, you and your brother take the oither assets and give your sister the house. If not, you could take these assets and get a mortgage from your sister for the difference. She would then be responsible to pay all hose bills, plus the mortgage to you and your brother. Many more issues can be raised, but consider this for starters. If you need more information, contact me directly.