QUESTION
Estate Attorney sent me letter to prepare to vacate property within next 30 days.
Asked on Jun 12th, 2013 on Wills and Probate - New Jersey
More details to this question:
I inherited property with two siblings, one of whom lives out of town and is Executor who decided to sell property. I lived at property and was caregiver to both parents for many years. I offered to buyout the two siblings' shares, at a reduced price considering many repairs needed, but have not agreed on a price. The estate attorney and executor has put the house on open market expecting to get higher bids. I received letter from estate attorney that property would soon be sold, and I should prepare to vacate within 30days. I don't believe this is legal. Wouldn't they need to go thru a lengthy eviction procedure and obtain a court order. Also, if I don't want to sell my share, won't the probate court stop the sale ? Does Elder Law offer legal rights because I am a Senior ? Thank you for comments.
1 ANSWER
2 Awards
You are not a tenant, so you would not be eligible for landlord tenant protection and the eviction process. If you are trying to buy out your sister's share, they have the right to get as much as they can for the home on the open market. If they don't get a buyer, and want to reduce the price, then you might be able to accomplish your goal. At this point your other option is to file something with the probate court in the county in which the estate was probated, trying to get the sale of the property stopped. However,r the court would most likely only order an equitable solution like getting an appraisal of the property, and if you are able, then you buy your siblings out based on the appraised value. You can offer this to the estate attorney - getting an appraisal - as an alternative.
Answered on Jun 16th, 2013 at 9:16 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship