Legal Question in Real Estate Law in New Jersey

keeping home

Are you able to keep a home after your companion dies, but your name is not on the loan, and no right to suviorship. I am the executor to his estate.


Asked on 5/15/07, 1:08 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: keeping home

First, condolences on the loss of your companion.

If your companion had a Will that you filed/probated, the Will should say what happens to the home. You must follow the directions in the Will. Mr. Davies, who also responded to your question, is correct in saying that you must be careful in administering the estate so that you do not incur personal or criminal liability.

If your companion did not have a Will, the property would go to the "intestate" [meaning no Will] heirs under NJ law.

In either case, you should consult with an estates lawyer to at least tell you what needs to be done.

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Answered on 5/16/07, 11:28 am
Robert Davies The Davies Law Firm, P.A.

Re: keeping home

Please, please, hire an attorney and get some advice. If you are the executor, you are required to comply carefully with the law; if you fail to do so, you can be sued and if you intentionally mishandle the property of the Estate, you could even be subject to criminal prosecution.

Please be careful. 'Keeping' a house is just not a wise choice. Get some solid legal advice. The Estate probably should (ask the lawyer) pay for the cost of hiring the lawyer.

I am in northern NJ, and not near you. Find an attorney who handles Estate matters, and hire the lawyer.

Good luck to you.

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Answered on 5/15/07, 1:14 pm


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