Legal Question in Wills and Trusts in New Jersey

Re: house left to me

As a beneficiary of the will, you should be entitled to review the will. If there is a provision which specifies how all estate expenses are to be paid, that provision will govern (i.e. your fiance may have specifically designated that expenses be paid out of account A and NOT the house).

You as well as an attorney should evaluate the will carefully.

Best of luck.

Re: house left to me

I have read what the other lawyer wrote.

Let me add: you are in for a fight. Trying to make the attorney who is the executor NOT take $25,000 that the attorney wants is going to be a fight.

You have some resources: demand fee arbitration. You do not have to just agree to pay that fee.

And watch out for double billing: the executor gets a commision of 6% of the whole estate, but can not charge that commission for his services as executor and then also bill $300 per hour or whatever for those SAME services as attorney for the estate.

Big fight. It does not help that his brother is fighting with you for his money, basically. These situations get nasty. It may be tough to get a local attorney to really fight another attorney in that same county.

Call me if you want me to help. Don't just give in on this, there is too much money at stake.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: house left to me

Not seeing the Will involved or knowing what other assets are involved in the estate, if any, and to whom they might have been left, as well as reading the other replies makes giving you a complete reply difficult. First, I agree that the Will might provide an alternative source of paying the estate expenses. It is unusual for a brother to charge estate fees, but not unheard of (ask mine one day how much work I did for free). The commission has been misrepresented, as only income is subject to the 6% commission, the estate itself has a reducing fee schedule, by statute, which depends upon the total value of the probate (assets passing under the Will) estate. It sounds to me like the family resents you or what their son did, and is taking it out on you. That aside, can you raise the funds to cover what may be contestable fees, so the house cannot be sold? This may be cheaper than litigating an apparent right to sell, but a right that has equitable sides to it, in your favor, especially if you contributed to the costs of running the house while you lived there. While, although an attorney myself, I do not like generating fees for anyone if they can be avoided, I suggest either mediation or a suit to prevent the house from being sold. Again, this appears to be an emotional issue, that should be resolved practically, but not having more information about the estate, its assets and debts, what thew Will says, your contribution to the house (mortgage payments, taxes, insurance, utilities, etc.) my ability to respond is limited. If you would like to discuss this further, contact me directly.