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Does the executor have the exclusive right to sell a good income producing real property against the interests of a beneficiary?

Warwick, NY |

I am 1/3 beneficiary of an estate in NJ. The real property contains two industrial buildings and one residential building, all fully rented and producing a substantial profit. The only creditor to the estate is the executrix herself who loaned money to the deceased. In 4 years since the deceased died, she has only taken partial payment of her debt from the rental proceeds, but still can. The town is favorable to subdividing the residential and industrial portions from each other. The appraisal (now 4 years old) concluded the residential portion is valued at $283K (32%), and the industrial portion at $602K (68%). I have requested to receive the residential property as my 1/3, but the executrix refuses, claiming the property must be sold to satisfy the debt and ensure equitable distribution.

Attorney Answers 4


  1. You could offer to buy the property and use your inheritance as collateral with a lender. Consider hiring a local lawyer to assist.


  2. Consult with and retain a probate lawyer in NJ, not NY, to negotiate a deal.

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  3. Repost in the New Jersey Avvo section.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. What happens in NJ stays in NJ. Note, however, that yours and the executors' opinion may vary as to what's in the "best interests" of the beneficiaries. Presumably, if the executor doesn't act in bad faith, there's little you can do.

    I may be guessing or not licensed in your state. No atty/client relationship exists.