Legal Question in Real Estate Law in New Jersey

real estate access

husband/wife separated for 25 yrs. no divorce. Husband dies intestate. wife usurps all assets, home,bank accounts etc. Grown children envolved. Deed to home is in husbands name and name of a deceased brother. Anything for the rest of the family legally?


Asked on 9/09/08, 8:51 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: real estate access

Wife cannot usurp all assets, unless still registered in both names. House in husband's name with brother (depending on how titled, deed not seen) and presuming brother still living, may go all to brother or at least half to brother. Deed needs to be reviewed. If wife living in house she may have some rights to occupy. Individually owned assets of husband/father pass by intestacy laws of NJ which allow children to a share. Children and brother should immediately retain an attorney and someone should apply to be administrator of father's estate. Estranged wife may apply, but circumstances (25 year separation) may prevent her from being appointed. More information is needed about asset registration. If you need more information, contact me directly

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Answered on 9/09/08, 11:19 am


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