Legal Question in Wills and Trusts in New Jersey

My six sisters and I own a house, left to us by my mother, and I am the exexcutor of this estate. I have been paying all the taxes and insurance, while they contribute nothing, don't answer my certified letters, and are out of my life, by their choice. Now the roof of that house has to be repaired or the home owner insurance will not cover us anymore, and I can't afford this repair, so can I leave the house uncovered by insurance and just sell it? Also, if I don't pay the taxes anymore, and the tax office puts it for sale, would they be able to buy it for the tax debt alone? Please give me some advice... I am sick with anxiety. Thank you.


Asked on 11/07/11, 7:17 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

As the executor of the Estate, you have the right to sell the house at the fair market value, which would be less if there are alot of repairs that would be assumed by the buyer. After reimbursement to you of all bills, and assuming the other assets of the estate have been dealt with, all heirs would then receive whatever they are entitled to under the will. You should seek the advice of counsel on this.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Feel free to call me at 856-546-8010. Mention Law Guru and your first consultation will be "no charge". Good luck. Rob Gleaner

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Answered on 11/07/11, 7:47 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Bob, but to be on the safe side, you might want to seek instructions from the Court. If you do not keep the house insured, you are at risk if there is a loss. My quick suggestion is to sell the house in "as is" condition getting the best price you can for it, and then settling the estate as called for in the Will. You are entitled to be reimbursed for all costs you incurred to maintain the house. I suggest you retain an attorney familiar with these matters and his fee would be paid from the estate. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 11/07/11, 8:43 am


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