New Jersey  |  Wills and Trusts

Legal Question

Asked on: 7/15/13, 5:10 pm

I am one of 3 beneficiaries to an estate in probate. The eldest is the executor, with whom I do not speak to. I have reason to believe (other family members telling me and he himself suggesting his interest) he is moving into the decedent's house without the approval of the other beneficiaries. No rental payment, no lease. I am out of state. Also, there is a current tenant residing in the basement (no lease/illegal immigrant) who lived there prior to the decendents death. He had paid a cash rent which the executor now isn't admitting to since there is no paper trail. If he moves in, what legal action if any can I take? I understand he has a year to provide financial accounting of the estate. Do I need to prove he resides there? He has always used this address as his mailing address, even before the decendent died but hasn't always lived there. Is this hard to prove?

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