Estate Assets and Debts: Problems with a Deceased Persons Estate

vendredi 3 octobre 2014

Hello, I'm new to the forum and live in New Jersey.



This post deals with the house next store to me. The husband and wife are deceased. The husband died (May 2010) and

he died after the wife died. They have four sons. One son was already living in the house for 10 years before the father

died and continued to live there after the father died. Another son moved in after the father died. The two sons fought

over money issues most of the time. So to solve money issues they moved in the third son (the youngest) in July 2014.



The youngest son has problems, he is a longtime drug user. Does not have a permanent job (works under the table).

The oldest brother argued with him about money issues to. The youngest son wasn't giving him no money to pay bills.



A house inspector showed up to the property this year because the house exterior is falling apart and I drive my car up and down

next to that house because that's where my driveway is. So it's a hazard to me. The wall at the top of the house on the side is

leaning out and bricks are exposed that can fall on me or my car or driveway. All three sons were sent letters to appear in court

to see who would claim the property as theirs and who would be the one to fix the house. The one son that lived there for 10 years

before the father died went to court. But he told them he couldn't do anything because he is on unemployment. The older and younger

son didn't show up at all. Recently I fixed a downed drainpipe on the side of that house that fell on my driveway.

Plus I've been dealing with the youngest sons growing cat population.



September 2014 the two older sons moved out, leaving the younger son in the house. I informed the inspector of the two sons moving

out and that the house wasn't fixed. The inspector says he can't find thee executor. Something tells me that the executor is the

older son and the inspector knows it. He did send letters out but that's it, the inspector is not pushing the issue.

No repairs are going to be done to the house because the third son doesn't want to show up to court anyway.



As it stands there's a $70,000 mortgage owed on the house according to public county clerks records online, the father took a loan

out in 2007. Also according to the tax office, taxes have not been paid since 2012 and the taxes owed $9,100.00 and the property

is still in the deceased fathers name. Now because the older son moved out, I'm waiting to see a lis pendens statement on county clerk records.



If this older son is the executor of the estate and the Will was opened for probate and he's responsible for the deceased fathers

expenses can he still walk away from the property and any responsibility of it?



Can someone offer some guidance to me at this point?



Thank You





Estate Assets and Debts: Problems with a Deceased Persons Estate

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