Legal Question in Wills and Trusts in New Jersey

My mother passed 9 months ago with will stating her estate be divided equally/equitably among her 4 children. The executor ( 1 of the 4 children ) has been uncooperative in general and has established residence at her house since her death and has decided to stay in the house and "possibly" buy out the siblings. I never consented to his establishing residence in the house ( at the time of her death he owned two properties of his own, one of which he has now sold just 3 months ago ). He claims he moved in 6 months prior to her death as her care giver. He is not on the deed. Does he have the legal right to take up residence without the consent of all the other beneficiaries ?

An independent appraisal of the property was recently made but due to limited comparable sales in the immediate neighborhood the value is significantly lower than I expect it would sell for if placed on the market. Does he have the right to refuse to place it on the open market since he wants to purchase it ?


Asked on 5/27/15, 9:40 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

To properly answer your question, I would need more information, including a copy of your mother's will.

It's possible that all 4 siblings currently own the house together as tenants-in-common...and absent some agreement, technically any and all would have the right to live there. However, the executor appears to be treading on thin ice...if he is acting in his own self-interest and taking advantage of his position for his own personal benefit. If the other siblings feel he isn't being fair, I suggest they demand an arms-length sale...not based on the appraisal if in fact the appraisal isn't accurate [do you know this to be true?]. The executor can't refuse to list the house for sale if the other siblings want it sold. If the executor is willing to pay fair market value [and he should, to avoid claims he breached his fiduciary duty] then there should be no issue with him buying the house.

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Answered on 5/28/15, 6:03 am


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