Legal Question in Real Estate Law in New Jersey

You have a real and serious problem. Please contact a lawyer and get some help.

The Will may give the house to your mother, and then this will be less of a problem. But you need some expert advice, right now.

I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

The house may ultimately pass in accordance with the terms and conditions of the Will, which may or may not present a problem for your mother. The Will and the ownership history of the house must be reviewed by legal counsel. As a general matter, a Will must be entered into probate, and the ownership of one asset (e.g., a house) doesn't change the requirement for probate. Please feel free to contact me ASAP so that we may explore your options. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Best is to probate the Will and have the Executor handle this. I have not seen the Will, so I do not know who has inherited the house or the family dynamics (first wife, mother of his children, second wife, not mother, etc.). This could make the situation more dificult. NJ law does give a spouse occupancy rights in the marital home if she does not inherit. This could add further complications. Both an estate and real estate attorney should be consulted to assist in this.