brother refuses to honor leases and settle estate

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brother refuses to honor leases and settle estate

My mother wrote my sister a lease to her house with an option to buy in order to make sure she got her house upon her death. My sister moved in and was to take care of everything in exchange for cheap rent.
My brother is the executor of the will and wasn’t really involved with the family for the last 15 years. So he says since he didnt know my mother did this he is not going to honor the lease.
My mothers sister was there and signed lease as a witness, and everyone on her street knows about it and will be wintesses in court or provide affidavits.

Asked on February 7, 2018 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation.  Please take the lease and a copy of the Will (which hopefully supports the lease) to an attorney asap.  Your sister is going to have to file an action before the Probate Court to enforce the lease against the estate.  Good luck.


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