Hilton Head Island, SC asked in Civil Litigation, Probate and Estate Planning for New Jersey

Q: Father passed 6 mo ago. His will states house must be sold 6 mo later. Sister refuses to move out. What NJ law re: to th

Father's will states house must be sold after 6 months but financially independent adult sister refuses to move out or let realtors inside. What NJ laws deal with a situation like this? Sister is not paying rent. The estate is paying all the bills to keep the house going, like electric, heat, water, taxes, etc.

1 Lawyer Answer

A: It sounds as if the Estate needs to file an action to evict the recalcitrant sister. Does the Estate have an attorney? They can certainly help with the process. If not, YESTERDAY was the time to hire one.

If the sister is the one in charge of the estate, then someone else needs to petition to remove her both from that position and from the house. Again, the Estate attorney is the first place to turn for how to do this. If the estate has no attorney separate from the sister, YESTERDAY was the time to consult with one to represent you to get this moving.

Eviction is the solution if she won't cooperate on her own. Good luck.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.