Legal Question in Wills and Trusts in New Jersey

My mother passed away almost 15 years ago...i was 19 years old at the time...and my oldest brother was made executor to her will. the will was probated 10 days after her death but the money & property was not distributed. the total contents of the will were split 3 ways....there financial accounts and the house (that was totally paid for). all 3 of us continued to live in the house & my oldest brother took care of everything and we all just left the money with him to manage. now he wants out and is trying to force me to take the house as a settlement. i don't want the house. i want him to sell it and split the money 3 ways....and to also split all the financial accounts 3 ways....what are my rights?


Asked on 1/05/10, 9:06 am

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

If you can't resolve this, you will need to go to court and ask the executor to file an estate accounting. You should be able to force either a distribution in kind, or a sale of the real estate.

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Answered on 1/10/10, 11:13 am


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