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After my dad died my brother, who is the executor of the will, said that he wasn't giving me my share of the money that was left

Millville, NJ |

first for 6 years my brother told me the house was going to be 50/50 after my dad died. my dad died 2012 . a couple of later he told me that the will wasn't going be read. he wanted me and my kids out of the house. he might sell it or buy me out. after i refused he got a lawyer to try . he told the lawyer there was no will. ifound the will and deed to the house. he had bought it in 2006 for a $1. he took me to court with anew lawyer .he was me to buy it for $10,000 down payment or im evicted. i don't have the money. i have kids one with down syndrome. and he also said he's not giving me my share of the inherents because left his insurance money whichwas done years before the will. can he get in trouble for not giving me my share? plus can i stop from being evicted even thou the sheriff ser

Attorney Answers 4

Posted

You don't say why you are holding the will and doing nothing. If you have the original will, you need to file it with the Court. If it names your brother as Executor, hire competent counsel to make sure this doesn't happen. If you are named next, you may accept your appointment and move to gather assets, pay debts and expenses and move on.

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Posted

You need to get a probate attorney. It sounds like your brother committed fraud or influenced your father into sell him the house for $1, you have to deal with that through the probate court.

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Posted

Regardless of who is named executor, you can probably open probate yourself with the will. The court will make sure that the beneficiaries receive their share. What was the result of the court action with your brother? What does the will say about how the estate is to be distributed?

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com

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1 comment

Lawrence A Friedman

Lawrence A Friedman

Posted

Actually, in NJ the court won't make sure the beneficiaries get their shares unless an aggrieved party files an action in Superior Court. As a Uniform Probate Code state, NJ has unsupervised probate.

Posted

If you have the will, hire a probate lawyer immediately. Many probate attorneys will accept payment from the estate.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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