Legal Question in Wills and Trusts in New Jersey

Condolences on your loss. His estate is responsible for his debt, but unless the credit card companies have a judgment entered against him, they do not have to be paid out of the sale of the house. Your attorney, if you have one, can advise you how to complete the sale. If you do not have an attorney for the estate or the sale, the Realtor and the title insurance company for the Buyer should be able to tell you what documents you need to bring to the settlement.

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.

I am sorry for your loss. The issue is going to be decided based upon the names on the deed to your house. You stated that both your husband and you are on the deed. If it was both of your names followed by the words "husband and wife" this is called a tenancy by the entirety in New Jersey. This means you will automatically get the property free of any of the credit card debts or other obligations of your husband unless you sign them jointly (such as a home mortgage). You really should have a good tax and probate attorney help you with this estate.

Ron Cappuccio