Bercik Law Blog

INHERITED PROPERTY: EJECTMENT OF FAMILY

inherited property ejectment

Inherited Property 

Sometimes an Executor is faced with ejecting family from inherited property.

When an executor or estate administrator must remove occupants in inherited property, legal guidance for an ejectment action may be required. If your siblings or other occupants, oftentimes family members, refuse to leave the home, such as after your parent passed away, there are several options depending on whether the occupants are also estate beneficiaries and how cooperative they may be with moving on with their lives elsewhere.

Try to Negotiate if the Occupant is also a Beneficiary or Heir to the inherited property.

One practical solution to entice the occupant to leave the inherited property is to offer a small advance on an inheritance to cover an apartment’s security deposit or moving expenses. If the occupant is unemployed or without income, this may not be feasible.  An experienced probate attorney should help guide you through the negotiation and settlement process to avoid any inadvertent mistakes with probate, real estate or tax laws.

How do you remove a non-rent paying occupant from inherited property?

If the occupant is not inheriting a part of the estate or refuses to cooperate, then under New Jersey law, a complaint for “ejectment” may be needed. Since the occupant in the inherited property is not a lawful tenant (someone with a lease or agreement to pay rent) the tenancy laws that govern eviction do not apply. A special legal proceeding called an ejectment was created specifically for situations like the ones that occur when executors must remove occupants from the inherited property. The ejectment action is filed in the Superior Court in the county where the property is located. The nuances and complexities of putting out family members can create high anxiety, stress, and chaos in the executor’s family and often an attorney can be a buffer.

If you are an executor or estate administrator facing the task of removing family from inherited property, Bercik Law can help! Click here to learn more.

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