Legal Question in Real Estate Law in New Jersey

My father passed away and my parents are divorced. I'm 19 and my brother is 16. My mom owns a condo and wants us to sell our three story colonial. She is renting out the condo but is afraid if people don't rent that she will be stuck with 2 mortages. We don't want to move and together my bro and i own half the house and she owns the other (b/c she pays the bills). DO we have a legal say? also it isnt big enough and we can't fit our stuff. I don't want to part iwth my father's tools, car, and furniture just b/c we have no room in the condo. PLEASE HELP


Asked on 4/19/10, 12:05 pm

2 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Everything goes to her, unless he had a will otherwise. If no will she can do what she wants.

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Answered on 4/25/10, 8:18 am
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

I don't think that the prior poster realized that you indicated your parents had been divorced at the time of your father's death. Therefore, unless your father had a Will to the contrary, his children would inherit his estate (i.e. you and your brother). If he named his ex-wife (your mother) as beneficiary in his Will and neglected to change it after they got divorced, she would not inherit. I am not sure why you state that your mother owns half the house because "she pays the bills." That would be irrelevant as to ownership. Your question is unclear and confusing. I suggest that you post the question again but this time be clearer as to what you are asking. You should consult with an attorney if you have a problem with this matter.

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Answered on 4/26/10, 5:35 pm


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