Executor removed contents of property which I wanted as an heir in equal parts.

Asked over 1 year ago - Jersey City, NJ

Estate Attorney sent me letter stating to prepare to vacate property which I occupied with decedent, within 30 days because property was expected to sell soon. The property includes a store which contained machinery and tools. The executor informed me that the contents of the store would be removed in a few days which would be the 19th day of receiving letter. The store has access from my apartment, as well as from a conventional store entrance. I spoke with an Attorney whom said I have a right not to let them in my apartment. I decided to change the lock on my apartment door. The following day the Executor and Police informed me if I interfered, I would be arrested. I was in my basement study area with my door locked. I refused to open my door and asked for court papers or orders.

Additional information

I was never given court papers and they broke the lock on the 1st floor apartment and removed the door which was gone as a later discovered. For several hours they removed the machinery and tooling, and I remained in my study to avoid being arrested. I had mentioned numerous times in the past that I wanted the store contents, and willing to buyout the other two siblings. I believe my rights have been violated and what occured was illegal. Thank you for comments.

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . The executor has the right to possess and secure the estate assets. HE is in charge of these items, unless the Will specifically directs them to you. It sounds like you are going to need to vacate the premises in the very near future, to avoid being evicted. If the items that were removed were YOUR assets and not the decedent's you may be able to sue for conversion. You are going to need an attorney to assist you with this.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. Gary Bruce Garland

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . This sounds more like a landlord tenant matter - did you have a lease? You can seek representation from legal aid or a bar referral - there a procedures to evict someone and sounds like this was an unlawful disposses.

    This response is an opinion only and should not be considered as legal advice. Use advise at your own risk. No... more
  3. Celia R Reed

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Attorney Frederick. The executor has authority to sell estate assets unless they were specifically devised to you. As you have your own attorney, you need to confer with your attorney as to these most recent events. It does appear you need to find a new place to live immediately.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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