Legal Question in Real Estate Law in New Jersey

My father and stepmother bought a property in Puerto Rico right before his death from her cousin. She now wants to sell the house. We were told that we must sign some sort of affadvit saying we don't want any claim to the house. The problem is, while she signed for herself to be on the title, my father never signed any of the paper work related to the sale of the house. Her brother essentially forged his signature on all the paper work as there was no power of attorney authorizing him or anybody to sign on my father's behalf (he was in the States during the transaction). There, of course, was no will.

My primary question is, this being the case, would we actually be considered "forced heirs" if his signature was not legally obtained? Secondarily, does this jeopardize the legality of the property to her as well? I'm a tad a confused. I can't believe that without some kind of power of attorney or document authorizing permission to act as a proxy that he could have been considered an actual joint owner of the property.


Asked on 4/22/12, 11:13 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

You'll need to consult a lawyer in Puerto Rico or one who is licensed to practice law in Puerto Rico. Even if your father lived in NJ, his estate would have to be probated in NJ, and then the personal representative of the estate [administrator] would have to deal with the property in Puerto Rico, using the services of a lawyer licensed to practice law there.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 4/22/12, 1:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey