Legal Question in Wills and Trusts in New Jersey
deceased realtive
My father died in 1998. He was married to my mother until her death in 1997, but had been residing with another woman for almost 20 years. This lady died Sept. 2007 leaving no will. She has no living children. My question is, how becomes the heir to their property in New Jersey and what should be done in order for the state not to assume ownership of their property which is 100% paided for?
2 Answers from Attorneys
Re: deceased realtive
You question is a little confusing.
In order to help you, I need to know who owned the property you mention in your note. If your parents owned it, then your father probably became the sole owner when your mother died. Did your father have a will?? (you don't say in your note). If he did, presumably that will disposed of the property...if he did not have a will, then the NJ intestacy statute would dictate who the beneficiaries of his estate would be.
The State of NJ will not 'assume ownership' of the property in any case [unless there is some other problem, such as a lien or judgment claim you have not mentioned].
Re: deceased realtive
You are going to have to investigate this a bit, see what the Deed says and the other documents. Was there any probate filed anywhere?
A lawyer would help you to investigate, and tell you what your rights in the property are.
Let me know if I can help; I never charge for a first telephone call.
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