Legal Question in Wills and Trusts in New Jersey

I inherited property with two siblings one is Executrix. The Will states property is given to children "in equal parts". I have been informed that I have equitable interest as a co-owner, and tenant-in-common because I live there. The Estate Attorney sent me a letter stating property is under contract for sale and as part of contract building must be vacant by time of closing. I am staying and would like to buyout the two shares by offering a higher price. How can I stop the sale to the other buyer. I believe my approval and signature is needed to sell to another party. Do I need to file a Complaint with the Probate Court, and what is the best course of action to take ?

Asked on 11/13/13, 10:50 pm

2 Answers from Attorneys

Kevin Pollock Law Office of Kevin A. Pollock LLC

These questions are always a bit tricky because it depends upon the wording of the Will. If the Will specifically bequeaths that property to the three of you, then you have a better case. If the Will just generally leaves all assets to the three of you, then the Executor is within his authority to sell the assets of the estate.

Nevertheless, if you were willing to offer more than the potential buyer, and had the ability to actually pay it, I am surprised that the executor is not offering it to you for sale. There are potentially tactics that you can take depending upon how far along the process is and how much you are willing to spend on an attorney.

Best of luck,

Kevin A. Pollock, J.D., LL.M.

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:


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Answered on 11/14/13, 6:42 am

Robert Davies The Davies Law Firm, P.A.

OK, you are in Jersey City, so I can help you.

The other attorney is correct, the exact wording of the Will is important.

But there is a LOT of other things to deal with.

The attorney just sent you a letter? So the executor your brother or sister just wants to throw you out? Nice.

Come see me. I have dealt with situations like this before, and I can help you.

What you are looking to do seems reasonable and fair. You deserve to be treated better than this. This is your home.

Robert Davies, Attorney

201 820 3460

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Answered on 11/14/13, 8:48 am

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