Legal Question in Wills and Trusts in New Jersey

Re: Sale of Estate Property

You can.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Sale of Estate Property

I would need to review the specific terms of the Will, but asuming the estate was left to the four children in equal shares, you should be able to force a sale of the house in order to complete the distribution.

If your siblings will not agree to sell the house and move out (based on what you say, that appears unlikely) then you will need to comence a partition action in court. You don't indicate in your note when your mother died, however, my advice would be to start that court proceeding sooner rather than later.

Re: Sale of Estate Property

If you are the executor, you need to consider local landlord-tenant law. Are they are legally considered squatters, tenants-at-sufference, or month-to-month tenants? If they have been paying rent to the estate, they will have more rights. Since they have no incentive to cooperate, you need to determine what it will cost to get rid of them -- and what legal roadblocks they can throw in your way.

Contact a local attorney -- the sooner you get moving on this project, the better.

Re: Sale of Estate Property

I have read what the other lawyers wrote. You need to hire an attorney who practices this kind of law (estate litigation) in the county where the estate has been probated.

they have chosen to sit in your house (in part it belongs to you, you have said) and they will not move. you need a lawyer to boot them out, and get it sold and your share paid to you.

I do this kind of work, and have a pretty hot fight going on right now in Bergen County; I have also done this kind of work in Passaic County.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: Sale of Estate Property

AS A CO-OWNER, YOU ARE BOTH ENTITLED TO HAVE SOMETHING PAID TO YOU, LIKE RENT, UNTIL THE HOUSE IS SOLD. IF THEY REFUSE TO LIST AND SELL, YOU CAN BRING A SUIT FOR PARTITION, WHICH CAN FORCE THEM TO EITHER BUY OUT YOUR INTEREST OR HAVE THE HOUSE SOLD. I ALSO SUGGEST USING A GOOD, LOCAL REAL ESTATE OR ESTATE ATTORNEY, FAMILIAR WITH THIS TYPE OF LITIGATION, TO ASSIST YOU. YOU DO NOT SAY WHO IS THE EXECUTOR OF THE ESTATE, WHO MAY NOT BE ACTING PROPERLY IN FAILING TO CARRY OUT THE TERMS OF THE WILL, WHICH YOU DO NOT PROVIDE. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED OR MISSING FACTS COULD CHANGE THE REPLY.