Legal Question in Wills and Trusts in New Jersey

Foreclosure information

My 21yr old son has been served with a Summons & complaint regarding the forclosure of his deceased father's house. The action is in New Jersey and I he is in Washington State. His brothers have also been served, but they are not speaking to each other presently. My son is a full time college student and seeks legal aide from New Jersey but when we called NJ they said that he has to apply for legal aid in WA so they can refer him to NJ. I don't think there is time for that as if he does have to submit an answer it is due in 35 days. Please advise what has to be done. Thank you.


Asked on 6/07/09, 7:53 pm

2 Answers from Attorneys

Richard Vallario Richard W. Vallario Law Office

Re: Foreclosure information

It is doubtful Legal Aid will take a case like this. You don't mention if there was a Will probated, or whether an Executor or Administrator of the Estate has been appointed. If so, what is that person doing? Also, what assets does the Estate have and is there any equity in the house? If yes, is it listed for sale? If there is he somehow has to get an attorney in NJ or file his own written Answer to the Complaint. There are too many variables here for an answer unless he speaks personally to an attorney. He may call me if he likes. 973/661/3400

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Answered on 6/08/09, 9:49 am
Miriam Jacobson Retired from practice of law

Re: Foreclosure information

If your son did not have a legal interest in the house (i.e., his name was not on the deed), the result of a foreclosure would be to terminate any right he has as an heir to claim an interest in the property.

Taking any steps to protect that interest should be evaluated with reference to whether or not there is a will, if your son inherited the house under the will, the value of the property, what his share would be, what other assets are in the estate, and what debts that have to be paid out of the assets.

It may not be worth trying to answer and defend against the foreclosure.

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 6/08/09, 12:03 pm


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