Legal Question in Wills and Trusts in New Jersey

My Mom passed away, my brother is ex.

We were both left 50/50 on the house and belongings, he will not let me in the house, will not let me know what is happening with any money or anything. Can he sell the house without me, or anything else.


Asked on 3/07/08, 10:09 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: My Mom passed away, my brother is ex.

Based on your question, I think you should have an attorney represent you as soon as possible.

I will need to see a copy of your mother's will and a copy of the deed to her house. That may determine what your brother as executor can do without your approval. At a minimum you are entitled to full disclosure of all estate financial transactions. You can file a complaint in court which would compel him to provide you with an estate accounting. That will also likely begin some communication with your brother's attorney which can be productive for both sides.

Please call if you have any questions.

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Answered on 3/07/08, 10:32 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: My Mom passed away, my brother is ex.

Is there a will? Was it probated? If not you can go to Probate to be appointed Administrator. Either way, you should get legal advice and representation as soon as possible to preserve your mother's estate's assets. Regardless of what you do you, you are entitled to accounting for everything your brother does. If our office is convenient please call for an appointment.

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Answered on 3/07/08, 11:38 am


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