Legal Question in Wills and Trusts in New Jersey

Re: Executors Right to Decedents Property Owners Assoc. voting

I generally agree with the other writers, but with a caveat. If the Will specified that the properties go to specific heirs, rather than be included as part of the general estate, one could question if the Executor is the true "owner", or just an intermediary. In any event, until the property actually is transferred, he has authority to act for the true owner, and all votes should count. I do not know if there was anything material that could be affected by the voting and whether the votes denied could have made a difference in the outcome. If so, you should reconvene the meeting and correct the voting to allow him the 3 votes he was entitled to cast, and not implement anything that would be done if his 2 votes were denied.

Re: Executors Right to Decedents Property Owners Assoc. voting

I think the executor's votes should have counted. Presently, it appears that the estate is the owner of the properties and as such, the executor is the only one with authority to act on behalf of the estate.

Re: Executors Right to Decedents Property Owners Assoc. voting

I'd suggest that your Board reverse that decision as quickly as possible and notify the Executor when you have done so or you may find yourselves in a lawsuit you will almost certainly lose.

An Executor IS the legal owner of a decedent's property in his fiduciary capacity and, with very few exceptions, has all the rights and powers of the decedent including, in this case, the right to cast whatever votes his uncle had. Since this is the law it doesn't even matter if the Association's Bylaws contain a provision to the contrary.

Re: Executors Right to Decedents Property Owners Assoc. voting

I see that two other attorneys have already given you opinions, and I agree. Usually, the associations of your type which I have represented do not have serious problems unless and until part of the members want something to happen and the other part does not, and wants to fight them. If you have a serious division in your group, then the officers of your group probably should sit down with an attorney, have the attorney review the situation, the bylaws and the problems, and advise you.