Legal Question in Wills and Trusts in New Jersey
inheritance: real estate, and executrix
my father passed away 1 year ago, part of our inheiritance was his home which I shared with him, he divided everything equally into thirds.my sister is the executrix of the estate, the house is still titled to my parent's who are both deceased, she want's to transfer the title over to herself as executrix rather then the estate of: the 3 of as all as owner's, can she do this?
1 Answer from Attorneys
Re: inheritance: real estate, and executrix
As the executrix of the Estate, she can do so; whether or not she is doing so in an appropriate legal manner, however, is another matter. As the executrix, she has a fiduciary duty to the other beneficiaries to act in the interest of all of those concerned and not in her interest alone. If she violates this duty, she can be financially liable for her inappropriate actions. You need to consult with an attorney experienced in this area of the law and discuss this with him or her. If you want me to assist you, feel free to call me at 856-546-8010. Good luck!
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