Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If he is in CA and hasn't opened up a probate case in NJ to settle sister's estate, then legally he can't do anything to force you to vacate the property or pay the rent. This is because the estate now owns the house and only the executor of the estate has the power to control estate assets.
With that said, if he does file a probate case, then he could demand any unpaid rent and file to evict you if you didn't pay that to the estate. However, if your rental agreement with the deceased included utilities, then you can deduct them from the rent and then deposit the remainder into an account specifically for rent sitting there waiting on someone to be appointed executor to claim it. Once an executor is appointed, then they could give you a 30 day written notice to terminate your tenancy and then evict through the courts if you didn't voluntarily vacate.
But until someone is appointed by the local NJ Probate Court to be in charge of the estate, then no one has the authority to force you to move out.