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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 32997
Experience:  30 years of real estate practice experience.
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I am a one third share inheritor of my parents home in

Customer Question

I am a one third share inheritor of my parents home in Ortley Beach, NJ. My oldest brother is executor to the will and has sold the house in Dec. of 2014 (which I was in agreement to) for $700,000. I have only received $150,000.00. I was informed he put $133,000 in a bank account and the buyer's attorney is holding $70,000 in escrow to cover NJ Tidelands claim.
I have spent so much of my inheritance on lawyers fees and don't know anymore now than I did then. My brother & I can't amicably resolve this matter. We haven't spoken for 2 years. Please inform me of my legal rights. Since I am an inheritor, shouldn't I be informed as to the status of the Tidelands claim?
My parents passed in 2009 and I would like the balance of my inheritance and to put this at an end already. I was never informed of the closing fees on the sale either.
Desperate & puzzled!
Thank you,
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

If the estate is still in probate then you can make a written demand on the executor for and should file a motion for an accountingr detailing the status of the various claims and accounts. It is your right and if he refuses or ignores the demand you can file a motion in the probate court to compel the accounting under pealty of being held in breach of fiduciary duties.

Customer: replied 1 year ago.
The house was sold in 2014 for $700,000. Can it still be in probate?
Customer: replied 1 year ago.
Are you answering me?
Expert:  Loren replied 1 year ago.

Thank you for following up.

If there are still open claims and distributions remaining to be paid out then the estate could not close.

You can call the clerk of the probate court to see if the estate still shows as open on their records.

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