Legal Question in Real Estate Law in New Jersey

If parents have passed away and a house is left behind to 3 surviving children and there is not will. What is the next plan of action?


Asked on 10/17/11, 1:21 pm

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Well, if there was no will, upon what are basing the conclusion that the house was left to the children? What the deed says? The state's intestacy law? I'd need more information. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 10/17/11, 1:42 pm
Walter LeVine Walter D. LeVine, Esq.

The response presumes the Deed was only in parents names and no one else was named as an owner in the Deed. The intestacy laws of NJ control, which are laws where people die without a Will. These laws specify who inherits. Presuming there were no other children of the marriage and the last to die parent, and all children are living, they may be able to do several things, if they agree. They can put a new Deed in all names which makes them co-owners. All are equally responsible for maintenance, upkeep and operation of the house. They have equal access to occupy it or they can rent it or they can sell it. Maybe one or two want to keep it and the other(s) want to sell. They can agree to this. More details are needed about the estates to determine if any death taxes need to be paid, what other assets there are, what bills need to be paid, etc., to provide a complete response. This is a response to an internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/17/11, 7:47 pm


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