Legal Question in Real Estate Law in New Jersey

Re: Contract Validity

Your question indicates to me that you do not have a clear view of either the probate process or real estate transfer process. It is also not clear to me at which stage of the process you are at the present time. In general, if the contract is incorrect as to seller's name, it can be corrected. The same thing for the deed. In either case, you are taking actions that have serious legal consequences and you should not do so without legal advice. An incorrect step could cost you untold dollars. You should immediately seek the advice of counsel.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with an attorney for a full consultation before you take any further steps. You may feel free to call me [856-546-8010] to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Re: Contract Validity

You do not say if you are the sole heir of the estate. If so, the contract can be signed by you individually. Alternatively, all you need to do or have your attorney do during the attorney review period is to correct your designation. I preseume the Will allows you to sell the property in your capacity as Executor, and all you would need is an Executor's Deed rather than an individual Deed. There may also be a question of tax clearance and a Waiver should be obtained from the Inheritance Tax Department, a simple procedure. If you have questions or need more help, call me at 973-377-3313.