Legal Question in Wills and Trusts in New Jersey

inherited property in equal parts along with 2 siblings, one of whom is the executor and lives out of town. The other sibling and myself occupy 2 of the 3 apartments in the building. Neither of us have paid rent to the Estate for several months, but I offered to pay rent from my share of the Estate savings account I would have after Probate. The 2 siblings decided to sell property, but I said I will not sell, and offered to buyout their shares if I could obtain funds, but this is uncertain. I received a letter from the Estate attorney stating the property is expected to sell soon and I should make preparations to vacate property within 30 days.

Can they begin an eviction action even though I am an heir and not a tenant ? I will refuse to sign any sale of property papers, but executor said they don't need my signature.

Also, they are planning to remove contents / furniture from my apartment I occupied with decedent, even thou I said I will purchase everything from my share of the Estate savings account. One third of contents belongs to me and I do not wish to sell. How can I stop them from removing or selling contents ?

I am in New Jersey.

Thank you for comments.

Asked on 6/23/13, 10:58 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I have handled many of these Estate situations, and you may have a real problem on your hands. There is a lot at risk here, and you do not want to lose all of that.

You need a lawyer to sit down with you and give you some advice.

I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you.

This will be a free consultation. After we talk, you can decide what you would like to do.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]



Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

Read more
Answered on 6/24/13, 6:05 am

Walter LeVine Walter D. LeVine, Esq.

I agree with Bob and you might have some rights, but I need to see the Will and what it allows the Executor to do. Perhaps you should consider a suit for Partition, but if they have already signed a contract this might be difficult.

Read more
Answered on 6/24/13, 10:08 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey