Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

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!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Burlington County, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, New Jersey

What Our clients are saying

Klenk Law Logo
Stars

Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!

Klenk Law Logo
Stars

We recently used Peter's firm to update our wills and trusts. We found he and his staff to be well-informed, professional and highly efficient. And equally valuable, Peter explains the law in terms that a layperson can readily understand.

Klenk Law Logo
Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Klenk Law Logo
Stars

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Klenk Law Logo
Stars

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Let us put our expertise to work for you.

Free consultation within 24 hours.