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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Can I Make Estate Pay for My Legal Fees

    My question involves estate planning in the state of: NJ

    I inherited a home with my sister and brother. We are now tenants in common. My sister and brother will not get out of the house. My father's estate is still intact and being challenged by my sister. My other brother who is the executor of the estate is having my father's lawyers for the estate pay the legal fees. However, I will have to pay for my own legal fees in order to get a partition action against my brother and sister. They will not move out. Is there anyway I can make my father's lawyers for the estate pay for my legal fees for the partition action?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Can I Make Estate Pay for My Legal Fees

    Not likely as the estate is not a party to the action. It is between you and your siblings. You are also unlikely to prevail in court until the estate is settled. Further, you cannot force your siblings to leave if they have an interest in the home, they have as much right to live there as you do. All the court is likely to do is force a sale of the home. Your only option would be to buy them out.

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