Q: I am the sole executor of an estate and owner. Can I evict a beneficiary staying in the home illegally without council?
The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is addicted to drugs. There is no reasoning with her, we've tried for 24 months. I filed for an ejectment and filled out a the writ of posession packet. When I called the clerks office to pay the filing fees, I was told I cannot proceed without a lawyer? So I called 5 lawyers in NJ and they were all confused as to why they told me that I need a lawyer. They said if the will was probated, I shouldn't need a lawyer for an ejectment. This has been a never ending 2 year nightmare with my sister- in- law. We can't sell the house with her in the unit due to her drug problems. We are also trying to seek free counsel desperately due to our financial situation currently. Please help!
A: The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.
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