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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Are you in nj? If my husband and I lived with his mother for

Customer Question

Are you in nj? If my husband and I lived with his mother for over 5 years and my husband lived there for over 40 years total, his mom was hit and killed by a car when she was walking. The will states property is split between the three brothers naming his oldest who lives in Texas is the executor. We've paid rent we've paid property taxes wo him paying any portion. He is now trying to force a real estate sale since we cannot buy the home yet. We hve 4 year old triplets. Does he have the right to put the house up for sale wo an agreement w my husband who owns 1/3 and his other brother passed away in nov and has a $50.000 bond and his executor brother claims the estate needs to be sold to pay off the debt. What is your opinion?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Hi and thank you for your question. I happen to be New Jersey licensed and will be happy to assist you with your concerns. My apologies on your situation. The answer that I will provide will not likely be favorable, so I ask that you do not blame the messenger. I am afraid that the executor of the will does have the primary right and ability to settle debts, sell assets such as real estate, and wind down the affairs of the deceased. No unanimity is required--the executor, by virtue of being named the executor, has the sole right to get rid of or keep estate assets. It also does not matter from the eyes of the law as to whether or not your spouse paid rent or taxes in the past--since the property is in the name of the deceased, it is controlled by the estate and executor. What your spouse has is called a 'future interest' but he does not have actual ownership or control of the property. Therefore, if there is a bond that has to be paid off, the executor is able to sell the property to do so. I am sorry! Sincerely, ***** ***** PS. Even if your spouse owns 1/3, the property can still be put on sale, it would just take a court order to compel the parties to sign the agreement or to have the property be sold via judicial auction.

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