Legal Question in Wills and Trusts in New Jersey

inheretance

can an execitor defer paying siblings their portion of proceeds of real property that he is purchasing?


Asked on 7/11/09, 9:47 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: inheretance

If executor is purchasing the property from the estate, there should be an appraisal or other independent valuation of the property. The executor owes a fiduciary duty to the estate, and that duty includes maximizing the value of assets in the estate. The executor should not be giving himself a "bargain" or special price.

As to delaying payment of estate proceeds, the executor also has the duty of finding out about all debts and paying them, including tax obligations of the deceased, before distributing what remains in the estate.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/11/09, 10:27 am
Walter LeVine Walter D. LeVine, Esq.

Re: inheretance

While I agree with Miriam, I have not seen the Will and question if there are any provisions covering this situation, such as allowing the Executor to buy the property, what terms and conditions, if any, are set imposed on the Executor, etc. He has a fiduciary duty to follow the terms of the Will. If he is abusing his position by this activity, bring it to the attention of the Court.

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Answered on 7/11/09, 7:03 pm


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