Legal Question in Wills and Trusts in New Jersey
Two siblings inherit a home in Asbury Park, NJ. Sister A doesn't want it because she rarely gets up there. Sister B wants to keep it, but doesn't want to buy out Sister A's share.
Sister B has no incentive to pay Sister A for her share of the house. Does Sister B get the best of both worlds? She gets full us of the house, but only has to pay half the taxes and upkeep since Sister A's name is also on the deed and she is legally obligated.
How can Sister A get paid for her fair share of the house when Sister B doesn't want to pay for it? Otherwise, Sister A ends up spending her life paying for half a house that she will never use.
Thank you.
2 Answers from Attorneys
Sister A needs to file a Complaint in Court called a Partition Action. Essentially, the Court would order the property to be sold or Sister B to purchase Sister A's interest. Most people hire attorneys to do this.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner
You will need to go to Court if she will not back down and agree to sell the house. The Court will order that the house be sold.
I have done several of these. Call me, and I will assist you.
Robert Davies, Attorney 201 820 3460
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