Legal Question in Wills and Trusts in New Jersey
Living with someone who dies intestate
My fiance and I lived together as tenants in common. He died intestate. I purchased the Estates share of the property to become the sole owner.
Can the Estate obtain a court order to now enter my home and take possessions they are claiming were my fiance's and that they now have a right to claim as part of the Estate?
3 Answers from Attorneys
Re: Living with someone who dies intestate
It appears you have left out some of the important facts.
Who did you 'purchase the estate's share of the property' from? Presumably you bought that share from the Administrator for the estate, so how could the estate now claim it owns these items?
Assuming you bought these items from the estate, was full disclosure made, or were there items that you did not include that are now being claimed by the estate?
Re: Living with someone who dies intestate
While I agree with Jon on most items, it seems some facts are missing. What exactly is the estate claiming is due? If it was personal property of the decedent, not given to you as a gift from your fiance, and not covered as part of the purchase of the interest in the property, the estate may have a legitimate claim. Unless you purchased the property, it would not automatically be included as part of the sale, unless the property was a "fixture" (something permanently affixed to the structure and the removal of which could result in damage to the property). So items like furniture, furnishings, housewares, removable appliances, silverware, flatware, pots and pans, jewelry, etc., would not be covered unless stated in the contract or the Deed. More details are needed to ascertain your rights versus those of the estate.
Re: Living with someone who dies intestate
If you are in northern NJ, give me a call.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Of course, you can not rely on the advice of an attorney given over the internet. Also, the exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.