New Jersey  |  Wills and Trusts

Legal Question

Asked on: 7/15/13, 1:49 pm

Can an executor move into an estate without agreement/lease/paying rent to the beneficiaries while it is still in probate in the state of NJ? If not, what should I do to legally protect myself in court, if needed?

3 Answers


Answered on: 7/15/13, 2:04 pm by Kevin Pollock

I presume you mean that the executor has moved into a house owned by the decedent. If so, that may be a breach of his fiduciary duty. I would recommend consulting with an attorney about whether you should go to court to have him removed. (Note, an executor does have a duty to safeguard this property, so simply keeping others out is well within his role as he decides how to proceed with disposing of assets and selling it.)

Best of luck,

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

--------------------------------------------------------------------------

The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Kevin A. Pollock LLC 112 West Franklin Avenue Pennington, NJ 08534

Other answers from this attorney

Answered on: 7/15/13, 2:20 pm by Robert Davies

This really depends on what is going on in the situation.

The executor needs a good lawyer. If that is you, please call me.

Robert Davies, Esq.

201 820 3460


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


The Davies Law Firm, P.A. 45 Essex Street, Suite 3 West Hackensack, NJ 07601

Other answers from this attorney

Answered on: 7/15/13, 4:09 pm by Walter LeVine

Kevin is probably correct. However, if the executor is also an heir entitled to a portion of the estate, some rental payment is the proper way to go. A fair rental is the market rent offset by the Executor's share of the estate. If the Executor is not an heir, the full rental would be paid. Of course, an occupied house is better than an unoccupied one, so some leeway might be appropriate. If the Executor refuses, litigation by the heirs might be required.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Walter D. LeVine, Esq. 23 Vreeland Road #102 Florham Park, NJ 07932

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search