Legal Question in Wills and Trusts in New Jersey
Estate assets
My mothers will left my brother & myself as joint exectures of her estate, the will has been thry probate, the balance of the estate is a home that my brother has been living in since my mother passed ( 2 years) he refuses to agree sell the property, he cannot buy me out (poor credit), the mortgage almost went into foreclosure and he is behind (1yr) on the property tax and I have not received a dime in rent from him (the property is still in the name of the estate) and I cannot access the property (he changed the locks)Every attorney I speak with says I have a an excellent case if I bring suit, but they want a $7500 retainer up-front, which I do not have and cannot afford , can I do this thru the courts my self, and where can I find information on how to bring this action
2 Answers from Attorneys
Re: Estate assets
If you and your brother can't agree on what to do with the house, your best option would be to file a partition action in Court to have the property sold.
This will likely be an expensive court case, especially since your brother appears to be a major problem here, and will very likely need to be forceably evicted from the property.
The $7,500 legal retainer will be money well spent, as the longer this drags on, the more money you will lose...If your brother is not paying the taxes, he is likely not maintaing the home either....In my opinion, the damage he will cause will far exceed your legal fees if you continue to do nothing.
Re: Estate assets
The normal action to resolve a dispute of this nature is called a Partition, and is filed in the Superior Court.
If you have a smaller retainer, many lawyers as do we, will work out a payment schedule or defer partial payment until the house is sold.
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