What to do if a beneficiary does not want to cooperate with other beneficiaries in the sale of an estate asset?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.