Klenk Law

Relative Eviction from NJ Estate Property by Personal Representative

Posted on Thu Oct 8, 2015, on Estate Planning

From our “Ask a Question” Mailbag: Relative Eviction from NJ Estate Property by Personal Representative

Most Recently Updated July 22, 2018.

“After her divorce, my daughter moved into a rental property I own to get on her feet. She was supposed to pay rent, but never has. It now appears she will not be moving out. I don’t want to make an issue of it now. But, if I die, that property is supposed to be sold and the money divided up equally between my two children. If she refuses to move, selling the property will be a problem. Any suggestions?”

Relative Eviction from NJ Estate Property by Personal Representative

Relative Eviction from NJ Estate Property by Personal Representative

Recognizing the problem is a good beginning. First, you should revisit whom you have named as the Personal Representative in your will. This person need be firm enough and diplomatic enough to handle this problem. You should consider naming a neutral party to reduce conflict between your children.

Second, consider revising your Will to clearly state that the property must be promptly sold and that any costs incurred because of your daughter will be taken from her share of the estate, plus a steep rental cost if she is not out in a short amount of time. This will prompt her to move, as there is a real cost to her squatting in the house. When she sees she will save money by moving, you have both the carrot and the stick to help her decide that moving out peacefully is in her best interest.

Addressing Back Rent

You should also address back rent. You have stated that she has not paid rent. The right to pursue that rent is an asset of your estate. Should this back rent be forgiven or should it reduce her share of the estate? Once you and I have spoken a bit more about your family dynamic, I may have some other ideas.

More Planning Questions?

Planning appropriately for real estate sales is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Relative Eviction from NJ Estate Property by Personal Representative

I hope that this article was helpful in explaining the issue of selling real estate that’s occupied. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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