Legal Question in Wills and Trusts in New Jersey
If an individual remarry and has no children with new wife but has a child living in the home he is paying a mortgage on then passes away, what are the options with the house?
3 Answers from Attorneys
I would need to talk to you about this, to tell you what can be done.
Give me a call, and I will assist you.
Robert Davies, Attorney
201 820 3460
Please call my office to set up an appointment.
Facts are incomplete to provide an answer. More facts are needed, such as: was house owned by husband before the marriage, whose name(s) is/are on the Deed, how old is child and is child incapacitated, is there a pre-marital agreement? Possible options include - new wife probably has a life-estate interest if the house is the marital residence, if house can be maintained after husband's death, and he is sole owner (on Deed), both spouse and child continue to live there until spouse moves out or dies, or an agreement between spouse and child as to what will happen in the future. There may be more options, as subsequent facts are developed.