Legal Question in Real Estate Law in New Jersey

My husband and I have lived in my MIL's home since 1998, after she had a stroke. She has since passed away. The home is in an area that is zoned light commercial. Recently, we received a letter from the factory next door which said that they have gone to the city planning board. I did some research and this factory is planning on building an 80,000 sq ft warehouse on our property. They also have started marking trees that they plan on cutting down, including trees on our property. That's part one of the problem.

Part two is, when his mother passed, her will indicated that the propety should be split between my husband, his sister and brother. His sister was designated executor. She has not transferred the property or done anything with probate. The house is still in his mother's name. We are paying the property taxes.

This is really upsetting to me. I'm not sure what, if anything we can do about this. Should we be worried? Is it time to move? Should we get a lawyer and fight it? Can anyone give me some advice?


Asked on 4/10/13, 7:09 am

2 Answers from Attorneys
Miriam Jacobson Retired from practice of law

You should definitely get a lawyer right away. There are limited times for acting when an application is pending, and when you miss those deadlines, you miss your opportunity to object and be heard. Your neighbors may also have objections. But don't delay.

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.

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Answered on 4/10/13, 8:41 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Miriam. I am not sure how the adjacent factory has approached the planning board seeking approval to build on property they do not own. Much more information has to be obtained, including the probate of the Will and its ramifications and what has been represented to the PB. You should definately retain an attorney to assist you in both matters.

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Answered on 4/10/13, 6:37 pm


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