Legal Question in Wills and Trusts in New Jersey
Who settles a dispute between the executor and heirs on how an estate should be
My parents owned a home with my grandparents. Both grandparents are now deceased. The home was sold and all the money is sitting in escrow with my parents first attorney (they are on their third). My Mom's sister was executor (it's been five years since my grandmothers death), and the money has not been settled. My Grandmothers will states 1/4 of the house to my parents (which they paid at the time the home was bought)and the remainder 3/4 to be split between my parents and my Aunt. My Aunt wants to settle the estate first and then my parents get their 1/4. My parents want their 1/4 first and then split the 3/4 as the agreement states. My parents also paid all the upkeep on the home for 30 years. They are now on their third attorney and nothing is getting settled. My Aunts attorney has since died and so has my Aunt(this past year). The attorney fees are growing and we're not talking about alot of money. My parents had to get a mortgage to buy a condo two years ago,(with the expectation this would be settled)and are currently living with a $700.00 deficit every month. My Aunt appointed my cousin as executor who is not in the will. Who can settle this? What happens to the estate now that my Aunt (the only other heir is dead)?
4 Answers from Attorneys
Re: Who settles a dispute between the executor and heirs on how an estate should
It sounds like this one belongs in court where it would not have taken 5 years to resolve. Your Aunt could not appoint a successor Executor. That can only be done in the Will. Absent a designation - the Court must be petitioned for a new Executor. It is not clear from your question exactly how the Will is worded. A reading of the Will is required to render an informed opinion regarding the disposition of the Estate. If your parents wish, they may call me at (973) 731-5110 to discuss this matter further.
Re: Who settles a dispute between the executor and heirs on how an estate should
I am a little surprised at the length of the case, although things do move slowly through the court system sometimes. I am a little confused as to who owned the house, perhaps the deed would clear it up as to rights of survivorship issues etc.
Re: Who settles a dispute between the executor and heirs on how an estate should
Somewhat complicated, but I'll try to simplify an answer. Start with the Deed. If your parents are actually named in it, the first questions to resolve are how are they named (tenants in common with the parents or joint tenants with right of survivorship, and to what extent was their interest (equal or some other proportion). If they were named as joint tenants with right of survivorship, the Deed ends the Will confusion. The Deed then controls independent of the language of the Will, by operation of law. If tenants in common, they own the percentage specified outright, and the Will only operates on the percentage owned by the grandparents. I am confused by the language of the Will. Is the 1/4 what your parents originally had and was named in the Deed? Or is the Will language just confirmatory of what they paid for and their names were never placed on the Deed? In either event, what does the Will provide as to the remaining 3/4? Does it provide an specific allocation (e.g., 1/3 to each) or is it silent, in which case each of the 3 people would seem to get 1/4 each (2/3 to your parents)? Next, how did your parents pay for their original 1/4? Pay outright or agree to pay for their share by paying the up-keep? Was paying the up-keep a payment in lieu of rent? In the absence of any agreement, written or otherwise verifiable, they mkay or may not have a claim against the estate for overpaid upkeep, if the payment also covered the grandparents' share. If your aunt has a share, she also has a responsibility to pay her share of the current bills to maintain the house (taxes, insurance, repairs, maintenance, etc.). If your parents are living there, they might owe your aunt a rent equivalent equal to her share of the house, which, if she does not make any contribution for her share, may be equal to her share of the costs. The aunt's share passes to her heirs either by her Will or intestacy, with her heirs having the same rights and responsibilities she would have if she were still alive. On the death of the aunt, a new executor should have been appointed for the grandmother's estate (as the Will provided, not as the aunt designated). If noone else was named, an adminsitrator would need to be appointed, and this is usually the next closed heir to the deceased grandmother, which would be her child/children. As you can see, much confusion and many questions. Best, again, is to start with the Deed as it existed when the gransmother died. This might be an easy case if the Deed covered the original ownership you said your parents had, and how it was titled. Last thought, if there are all of these problems, there might be a claim against the attorney who wrote the grandmother's Will, for malpractice, and even more so if he also prepared the Deed betwen the grandparents anhd your parents. There may be a separate malpractice claim if a different attorney handled the Deed.
Re: Who settles a dispute between the executor and heirs on how an estate should
First, your parents need to sit down with their current attorney and get some answers. Where are we? What do we do next? How long will it take? How much will it cost? If your Grandmother's will did not name an alternate executor, your mother should go to Surrogate's court to be appointed. Beyond that a reading of the will and look at the title of the property is necessary to advise further. If they are not happy with their attorney's answers, call for an appointment. Good luck.
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