Legal Question in Civil Litigation in New Jersey

Re: Inheritance

This answer only applies if the property and hypothetical lawsuit would be in the State of New Jersey. If the property still is in your mother's name, if someone got hurt and a lawsuit was filed, she would be liable. If it's your brother's business and the reason for the injury had to do with him or his business, he also could be liable. If the lawsuit arose after your mother's death, the liability does not change. The Will would have to go through probate, a court process. The property does not become yours, if ever, until that process is complete and the deed is transferred to your name. Thus, it could affect your inheritance, but could not affect your personal property under the facts you described. Basically, whoever owns and is responsible legally for taking care of the property is the one who is at risk of being sued and being responsible for any injuries sustained on the property. Best of luck to you.

Re: Inheritance

This sounds more like a question about the business than an estate question.

What type of business is it? Is the house zoned for this type of activity. Does the business have insurance? Does the house have homeowner's insurance.

Mike