Legal Question in Wills and Trusts in New Jersey

I'm facing court action to evict me from the residence I've lived in for 12 years.

The estate of my housemate who passed away 2 months ago is bringing this against me. If I attend this "show-cause" hearing, can I ask the judge for more time to settle my plans?

I am on Social Security Disability, limited income and am responsible for two small dogs. No car, am still worrying about what's going to happen if I am "physically removed" from the home. The hearing is coming up in a week's time.


Asked on 1/04/17, 1:05 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Condolences on the loss of your housemate.

There may be defenses against your being removed from the home. First, you cannot be physically removed without a court order, so don't allow yourself or your personal property to be removed until a formal court order for removal has been obtained and a sheriff presents it to you. Also, be sure to attend the hearing. But seek legal representation immediately through a disability law project or other agency that may provide pro bono, or free, legal services if you are eligible. Since you are obviously able to go online, conduct a search for such agencies and call them by phone, email does not work when something is urgent. If you had a special relationship with your housemate, that should be brought up. If you had a lease permitting you to live there, bring that up, and if it was written, you have rights under the lease that cannot just be cancelled because the housemate died.

Please do not wait to seek legal assistance, do not miss the hearing, and do everything in your power to get transportation to the meetings and hearings that you will have to attend.

Good luck.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 1/04/17, 2:19 pm


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