Legal Question in Wills and Trusts in New Jersey

My father passed away 4 years ago, and left a will stipulating his estate to be split 50/50 between my sister and me. Sister is executor of the estate. All monies, belongings, stocks, bonds etc have been settled per the will, however sister continues to live in fathers house and refuses to move . Deed to the house is still in fathers name. This is in new jersey.

Do I have legal standing to demand that the house be sold and the estate closed?

Asked on 11/24/20, 11:50 am

1 Answer from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Did the Will make any specific mention of the house? Was it supposed to be sold?

If not, then you and your sister are now likely joint owners. If she will not move, and you are unable to use the house, she may have 'ousted' you [denied your right to use the property as equal co-owners]. You could make her life interesting by demanding equal access or rent. However, in all likelihood, if she won't budge, you will need to bring a court action to partition and sell the property. Good luck.

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Answered on 11/24/20, 2:50 pm

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