Legal Question in Wills and Trusts in New Jersey
My Mother Died without a Will
My Mom died in 2003 w/o a will. My siblings appointed me administrator, i am one of 9. The only property to be divided is the house. which comes with it's on set of problems,their is not a clear title. There are leins against the property, we were able to get $90,00 cleared with just a few thousand left.My husband and I would like to buy the property, we had it appraised and are able to pay cash to each of my siblings. 6 of us have signed QuitClaim Deeds.There are 3 hold outs (emotional hold outs)They feel my sister should have the house. she has no $ and can't get a mortage. I belive that my job is to settle it fairly 1/9 split is fair. It has been 20 months since my mom died and now the homeowners insurance is a problem, we have been dropped by the co. we were with for 30years. i found another co. for double the cost and short term,we must have a buyer soon.No company wants to insure an estate. Can I as administrator settle this estate w/o all 9 in agreement? My plan is to go to settlement and have the $ for the three hold outs put in an escrow account. Can I do this? I am out of time, and at wits end. I would greatly appreciate any help you can give me.
Eileen
2 Answers from Attorneys
Re: My Mother Died without a Will
You would probably have to go to court and obtain a judge's approval to do this. Otherwise the non-settling siblings may have a claim.
Re: My Mother Died without a Will
Unfortunately, this is the type of matter that will end up in court. When it comes to money, formerly friendly family members frequently fight and argue. Although the estate is small, you have not choice but to hire a good estate lawyer that understands these types of disputes.
You will need to institute a suit in the Chancery Division, Probate Part of the Superior Court asking to approve the sale and the accounting of the estate. Please see my web site www.SaveYourEstate.com for further information.
I hope this helps!
Ron Cappuccio
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