Legal Question in Wills and Trusts in New Jersey
Heirs inhert home, one heir won't sign real estate contract
Our aunt dies and now home she had life time rights to live in is now ready to sell for division of shares. The home is divided into 4 different owners.
Three of the owners own 2/3 and have signed contract for realtor to put on market. The fourth person has refused to sign and is holding up the sale of house.
The fourth person wants to charge rent for belongings of aunt that died and hold other owners for responsibility of taxes, etc. We have waited two months for the person to sign. Our lawyer says we have to take necessary steps so we can have a court appointed rep to sign contract. What can we do? Isn't it time to go to court?
1 Answer from Attorneys
Re: Heirs inhert home, one heir won't sign real estate contract
You did not specify what are the obligations of the remainder owners. When the Deed giving your aunt the life estate was prepared, were there any provisions or other agreements as to who would be responsible for the operating costs of the house (e.g., insurance, taxes, repairs, etc.)? These are usually expenses paid by the owner, not the tenant. If there were no agreements requiring your aunto to pay these expenses, the 4th owner may be asserting a legitimate claim. Were there any agreements regarding rent to be paid by your aunt? What did her Will say about personal property located in the house? Were there bequests of her property? Again, there may be a legitimate claim that her estate is responsible for storage costs until the house is cleaned out.
I suspect there were no written agreements regarding these matters and that there probably will be some litigation required to resolve these issues. This is somewhat complicated and perhaps we should talk about it, rather than trying to provide a simple answer to a complex question. You can reach me at (973)-377-3313.
Walter