Legal Question in Real Estate Law in New Jersey

Re: deed

If your father previously made a Durable Power of Attorney, he named someone to act for him in the event of disability. That is the usual reason for such instruments. Lacking that, some responsible person needs to apply to the court in the County where your father resided to be named as his guardian. Unfortunately, that is a longer and more expensive process but can't be avoided if something needs to be done with his property while he is still alive. Your brother is the logical choice for guardian since he is named as the executor in the will. However, that is not an absolute rule.

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

Re: deed

There are several steps which must be taken. First, you will need to obtain a certified copy of your mother's death certificate. Since the deed to the home is in mom's name, her estate will have to be probated.

You will need to retain a qualified probate attorney who can file the estate together with the certified death certificate and the original will (if one is available).

Unfortunately, since your father was not in title, he cannot transfer the property even if he was healthy.

If there is no will you can file an intestate estate. It is very possible that you will be able to bypass dad and transfer the property to you and brother who can then sell the property for dad's benefit.

I would strongly suggest that you meet with a qualified attorney who handles both real estate and probate matters to review the specifics of your matter.

Scott R. Jay, Esq.