Legal Question in Real Estate Law in New Jersey
my sister-in law and brother owned a house. They divorced and my brother passed away. They have 1 son who's 39. When he died, his half went to the son. Can the son now force his mother to buy him out?
2 Answers from Attorneys
Yes, by a court suit for partition.
I will assume that everything you have said is accurate and that there are no other facts that will change this issue. I would need to talk to you and get a lot more information to be sure of that.
The son has some legal options, including filing a lawsuit to force the house to be sold so that he can get his half. If she does not want that to happen, she will have to fight him and may have to buy him out.
I have handled a fair number of lawsuits like this, and will have a trial on a similar matter in November.
Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.