NJSBA Family Law Section

Dear Listmates -

If any of you have experience or guidance to share in this situation, I'd be grateful to hear it. I represent a young man who is executor of his mother's estate. The residuary beneficiaries are himself, and himself as trustee for his brother. Brother has a criminal history and is a drug addict. There may be no residuary estate to distribute, as the estate debts may be greater than assets. The main asset is Mom's house, which is mortgaged and probably has very little to no equity.

Nothing in the will or elsewhere, that I can determine, obligates my client to let his brother live in the house, however, he has allowed him to do so for some months now. My client is paying the mortgage from his personal funds. Brother is violent, possibly psychotic, is using drugs, and seems to be stealing personal property items for the house, presumably to sell for drug money. I believe client has enough reason between threats of violence, past history of violence, and present time criminal activity, to get a TRO under the domestic violence statute.

My questions are: if brother is removed due to a TRO, would he have any right to return to the residence? I think not, but would like to hear your points of view. House belongs to the estate, my client is paying the mortgage, brother is paying no rent and has no other interest as an owner or a tenant. I am concerned that an eviction proceeding would give brother plenty of time to rob the estate blind, wreck the house, commit crimes, etc before being compelled to leave.

Any creative ideas welcome. Thanks!

- Megan Oltman

Dear Listmates -

If any of you have experience or guidance to share in this situation, I'd be grateful to hear it. I represent a young man who is executor of his mother's estate. The residuary beneficiaries are himself, and himself as trustee for his brother. Brother has a criminal history and is a drug addict. There may be no residuary estate to distribute, as the estate debts may be greater than assets. The main asset is Mom's house, which is mortgaged and probably has very little to no equity.

Nothing in the will or elsewhere, that I can determine, obligates my client to let his brother live in the house, however, he has allowed him to do so for some months now. My client is paying the mortgage from his personal funds. Brother is violent, possibly psychotic, is using drugs, and seems to be stealing personal property items for the house, presumably to sell for drug money. I believe client has enough reason between threats of violence, past history of violence, and present time criminal activity, to get a TRO under the domestic violence statute.

My questions are: if brother is removed due to a TRO, would he have any right to return to the residence? I think not, but would like to hear your points of view. House belongs to the estate, my client is paying the mortgage, brother is paying no rent and has no other interest as an owner or a tenant. I am concerned that an eviction proceeding would give brother plenty of time to rob the estate blind, wreck the house, commit crimes, etc before being compelled to leave.

Any creative ideas welcome. Thanks!

- Megan Oltman

Dear Listmates -

If any of you have experience or guidance to share in this situation, I'd be grateful to hear it. I represent a young man who is executor of his mother's estate. The residuary beneficiaries are himself, and himself as trustee for his brother. Brother has a criminal history and is a drug addict. There may be no residuary estate to distribute, as the estate debts may be greater than assets. The main asset is Mom's house, which is mortgaged and probably has very little to no equity.

Nothing in the will or elsewhere, that I can determine, obligates my client to let his brother live in the house, however, he has allowed him to do so for some months now. My client is paying the mortgage from his personal funds. Brother is violent, possibly psychotic, is using drugs, and seems to be stealing personal property items for the house, presumably to sell for drug money. I believe client has enough reason between threats of violence, past history of violence, and present time criminal activity, to get a TRO under the domestic violence statute.

My questions are: if brother is removed due to a TRO, would he have any right to return to the residence? I think not, but would like to hear your points of view. House belongs to the estate, my client is paying the mortgage, brother is paying no rent and has no other interest as an owner or a tenant. I am concerned that an eviction proceeding would give brother plenty of time to rob the estate blind, wreck the house, commit crimes, etc before being compelled to leave.

Any creative ideas welcome. Thanks!

- Megan Oltman

Dear Listmates -

If any of you have experience or guidance to share in this situation, I'd be grateful to hear it. I represent a young man who is executor of his mother's estate. The residuary beneficiaries are himself, and himself as trustee for his brother. Brother has a criminal history and is a drug addict. There may be no residuary estate to distribute, as the estate debts may be greater than assets. The main asset is Mom's house, which is mortgaged and probably has very little to no equity.

Nothing in the will or elsewhere, that I can determine, obligates my client to let his brother live in the house, however, he has allowed him to do so for some months now. My client is paying the mortgage from his personal funds. Brother is violent, possibly psychotic, is using drugs, and seems to be stealing personal property items for the house, presumably to sell for drug money. I believe client has enough reason between threats of violence, past history of violence, and present time criminal activity, to get a TRO under the domestic violence statute.

My questions are: if brother is removed due to a TRO, would he have any right to return to the residence? I think not, but would like to hear your points of view. House belongs to the estate, my client is paying the mortgage, brother is paying no rent and has no other interest as an owner or a tenant. I am concerned that an eviction proceeding would give brother plenty of time to rob the estate blind, wreck the house, commit crimes, etc before being compelled to leave.

Any creative ideas welcome. Thanks!

- Megan Oltman

Dear Listmates -

If any of you have experience or guidance to share in this situation, I'd be grateful to hear it. I represent a young man who is executor of his mother's estate. The residuary beneficiaries are himself, and himself as trustee for his brother. Brother has a criminal history and is a drug addict. There may be no residuary estate to distribute, as the estate debts may be greater than assets. The main asset is Mom's house, which is mortgaged and probably has very little to no equity.

Nothing in the will or elsewhere, that I can determine, obligates my client to let his brother live in the house, however, he has allowed him to do so for some months now. My client is paying the mortgage from his personal funds. Brother is violent, possibly psychotic, is using drugs, and seems to be stealing personal property items for the house, presumably to sell for drug money. I believe client has enough reason between threats of violence, past history of violence, and present time criminal activity, to get a TRO under the domestic violence statute.

My questions are: if brother is removed due to a TRO, would he have any right to return to the residence? I think not, but would like to hear your points of view. House belongs to the estate, my client is paying the mortgage, brother is paying no rent and has no other interest as an owner or a tenant. I am concerned that an eviction proceeding would give brother plenty of time to rob the estate blind, wreck the house, commit crimes, etc before being compelled to leave.

Any creative ideas welcome. Thanks!

- Megan Oltman