Legal Question in Real Estate Law in New Jersey
Hello,
A different question to the previous question ���
My father passed away in 2010, through his will all assets were divided evenly between my brother and myself. The issue and question is regarding the house.
Last October my brother passed away, what happens to his 50% of my father�s house? He leaves a wife, no children. He did not have a will so we don�t have written evidence of his intentions with regard to his 50% of my father�s house.
My brother and I were assigned co-executors of his estate which now , per my father�s will, leaves me as the sole executor. The deed was never changed over to our names, at my father�s death were my brother and I assumed to be tenants in common for the house? Also, I�m assuming my father�s will was never executed because all of us never formally sat down and discussed and agreed upon what should be done with my father�s assets.
Thank you, I�m in New Jersey
1 Answer from Attorneys
Your father's assets still go according to his will, which should have been probated and his estate should still be administered. You did not have to discuss it, you had to follow the directions of the will. There are legal procedures that cover the situation when one of 2 co-executors dies, if the will does not cover that situation. You need to probate and administer the estate.
Your brother's estate must also be administered. If he did not have a will, it is administered under the intestate law, which provides where his assets go after debts are paid. His 50% of your father's estate (after debts are paid) will go according to the intestate law.
The house passes under the will as part of your father's estate. You should contact a local [in the county where your father resided at the time of his death] estates lawyer to start the process. If your brother was married and his spouse survived him, his spouse may start the administration of his estate.
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.
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