Legal Question in Wills and Trusts in New Jersey
Administrator Estate
My question is as follows: My father and my uncle purchased a two family home together in 1991. The arrangement was that my uncle would be a cosigner and my father would live in the house and pay everything that pertainted to the house, i.e. mortgage, property taxes, maintenance, etc. My uncle deceased in 1995, and my dad has been trying to get his name removed from the deed in order to refinance. My uncle past away without a will and his wife and kids refuse to answer my father's phone calls, much less select an administrator of his estate. My questions are: 1) What can we do if they continue to refuse to cooperate? 2) If a partition is required, would they be entitled to 50% of the home even though my father has been paying for everything for nearly 18 years?
2 Answers from Attorneys
Re: Administrator Estate
You don't indicate who suppied the money for the downpayment on the house. That's an important question, especially for any possible partition action.
You should first check with the Surrogate in the county where your uncled died to verify whether he died intestate and also that no administrator was appointed for his estate [that sounds VERY strange because if your uncle had any assets, an administrator should have been appointed].
If no administrator has been appointed for your uncle's estate, your father should apply [he is a blood relative and if spouse and children refuse, he can serve], for the sole purpose of deeding your uncle's interest in the property to your father. If your father bought the house with his own money [plus the mortgage] then there should be no estate tax to pay in your uncles's estate [you may still need to file an estate tax return and obtain a NJ tax waiver in order to transfer title].
Re: Administrator Estate
I will assume for this answer that your uncle did not contribute to the purchase price, and that he just cosigned the mortgage and his name was put on the deed. An administrator needs to be appointed for your uncle's estate for the purpose of deeding (or quitclaiming) to you. If the estate will not cooperate (or if no one will apply to be administrator), then you need what is called a quiet title action, not a partition. Give me a call if you would like assistance.
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