What to do if a beneficiary does not want to cooperate with other beneficiaries in the sale of an estate asset?

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What to do if a beneficiary does not want to cooperate with other beneficiaries in the sale of an estate asset?

My wife’s aunt passed away and the Will states that her assets will be split 6 ways. The only money they are receiving is from the sale of the house. One of the 6 also passed away so her 17 year old daughter is to get the money. The 6 have to sign paperwork for the sale of the house to go through but the father of the 17 year old will not sign since there is some bad blood between them. Now the sale of the house seems like it will not happen since he will not sign. Do the other 5 have any legal recourse to get the deal done?

Asked on February 25, 2014 under Estate Planning, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A guardian ad litem needs to be appointed for the 17 year old minor and then a petition before the probate court needs to be made and ruled upon where the sale of the home that you have written about will be sought. A probate attorney in your locality should assist you. One can be found on attorneypages.com. Most likely the court will order the home sold and proceeds split six ways.


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