Legal Question in Wills and Trusts in New Jersey

Executor Power

I am the executor of my grandmothers estate (3 family home). For the past year my aunt who resides out of state came here to care for her and staying under the same roof. Now that she has passed away I suddenly hear that my she plans to move into the apartment. (1st floor of the 3 family home). According to the Will it was left for me to manage the property. Additionally my aunt and mother are to split the residuary estate. No where in the Will does it mention who moves into the apartment. In order to effectively inventory and manage the estate do I have the right as executor to remove my aunt off of the property? She is not a tenant nor is she paying rent. Until the estate is settled shouldn't no one except the executor be allowed to enter the deceased home and use their personal property?


Asked on 6/07/08, 3:46 pm

2 Answers from Attorneys
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Executor Power

STOP!!! You are headed towards a needless family feud and litigation. The first thing is to remain calm and not say anything that can cause resentment by your aunt. You should hire a good probate and estate lawyer to guide you.

Your lawyer will review the Will, help you inventory the assets, and decide the best course of action.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

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Answered on 6/08/08, 7:38 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Executor Power

Without seeing the Will and what it actually says about the residence, my response will be general. If the Will gives you the power to sell the property, you can sell it. Since it is an income capable property (3 family) it can also be rented out to produce income for the heirs. This means that all tenants must pay rent, and this includes a tenant who is a beneficiary. Leases can be effected at any time, so I suggest you discuss a Lease with her ASAP. 1/2 of the house belongs to your aunt, so, in theory she can occupy it without a Lease. You should discuss this with your mother (the other 1/2 owner) and see what she wants to do. Contact me directly if you have more questions.

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Answered on 6/07/08, 5:01 pm


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