QUESTION

my neice was the executor of the estate on my grandmother''s will. my mother was second and was third on the will. the property was not a part of the

Asked on Jan 25th, 2012 on Estate Litigation - New Jersey
More details to this question:
will did not mention property. my neice and her family stayed in the house which was recently sold. the monies from the sold paid lien that they created without premission formthe other beneficary the property was stated to be heirs property which included a three. the was paid for, no other leins or back taxes was on the house. what can be done. if this was heirs property should the heirs been consulted on anything pertaining to the property not just left up to executor soley. what can i do to get anwsers.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
I'm not really sure that I understand the question.  Is it that your niece lived in a property owned by the decedent and that some how liens were placed against the property which were then paid off using the proceeds of the sale of the property?  The only thing that could have been there would have been property taxes, you can't create a lien on property you don't own.  So even if your niece incurred debt it would not have created a lien against your grandmother's property.  In any event, as a beneficiary, your mother has a right to request an accounting of the estate, as well as the HUD statement from the closing on the property.  Get those documents and see where the liens came from and request that those monies be credited back to the estate.  
Answered on Jan 25th, 2012 at 5:16 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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