Legal Question in Real Estate Law in New Jersey

Deed

Hi,

My Dad, my Mom and I, purchased a home in New Jersey together. All our names appear on the deed. My Dad died several years ago and we never took his name off the deed and my Mom is now in a senior home out of state and is in no condition to travel. I want to sell the house and would like to know what I need to do in order to be able to sell it and does my Mom have to be present at the time of the sale or can she give me power of attorney and how do I go about doing this. I have little resources and would like to do as much as I can without having to pay legal fees. I thank you in advance!


Asked on 3/17/08, 6:22 pm

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: Deed

Your first issue is to determine how to handle your father's interest. That has a lot to do with how the deed is written. Have a lawyer look it over.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/17/08, 10:33 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Deed

In order to get a valid opinion you need to show the deed to a lawyer. While you can get a power of attorney from your mother, some of the proceeds, however, may have to be used for her care if she is in a nursing home. While I realize you want to keep the cost at a minimum, proper legal advise now could save you a lot of money later.

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Answered on 3/18/08, 3:50 pm


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