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Can two siblings take contents of house that I inherited equally, without my agreement ?

Jersey City, NJ |

I am a beneficiary to the estate of my mother along with two siblings, one of whom is the executor. They have taken personal property and family heirlooms without my consent. I am beneficiary to 1/3 of everything. I said I will buy out their shares. How can I stop them from taking anything further ? The estate is in probate. Doesn't the probate process provide for equitable distribution which is agreeable to all heirs. Thank you for comments

Attorney Answers 4

Posted

Yes and the executor is in charge of making sure the estate is distributed properly. If you believe the executor is not doing their job the right way you can move the court to have them removed. However that can be drawn out and costly and it is certainly better if you all could come to some kind of agreement.

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.

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Posted

Executors sometimes fail their duties and aren't fair to beneficiaries. Often, a lawyer can help a beneficiary who isn't getting his or her fair share. Mr. Criscione is correct - it can be very expensive to have an executor removed. But, you don't have to go that far. Have a lawyer represent you in the probate case and you'll probably get better results from the executor.

Best wishes during this difficult time.

Rani K. Sampson (509) 663-5588 is a Washington attorney whose clients ask her to solve problems and negotiate difficult situations in real estate development, business formation and operation, estate planning, probate administration, and other matters. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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Sounds like your rights are being trampled. A lawyer can help protect your rights here.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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You need to take immediate action taken or your inheritance will be partially embezzelled.Put the executor of will on immediate notice and take pictures and videos of what is still left.

Advice provided is general in nature and should not be relied upon without retaining qualified and experienced legal counsel who is able to review in details the precise facts and details of your legal matter.The law firm of Hanlon Niemann and fredrick p niemann disclaims any express or implied guarantees or warranties associated with this response.

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