brother refuses to honor leases and settle estate

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

brother refuses to honor leases and settle estate

My mother wrote my sister a lease to her house with an option to buy in order to make sure she got her house upon her death. My sister moved in and was to take care of everything in exchange for cheap rent.
My brother is the executor of the will and wasn’t really involved with the family for the last 15 years. So he says since he didnt know my mother did this he is not going to honor the lease.
My mothers sister was there and signed lease as a witness, and everyone on her street knows about it and will be wintesses in court or provide affidavits.

Asked on February 7, 2018 under Estate Planning, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation.  Please take the lease and a copy of the Will (which hopefully supports the lease) to an attorney asap.  Your sister is going to have to file an action before the Probate Court to enforce the lease against the estate.  Good luck.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption