Legal Question in Wills and Trusts in New Jersey

First, condolences on your losses.

How was the house titled? Was your mother's estate probated and administered? Titles don't pass from one person to the next automatically. Even where ownership automatically "vests" in a joint owner upon the death of another joint owner, a deed has to document the change in legal title.

The estates of your mother and your stepfather will have to be probated and administered, and their respective debts paid and then their assets distributed [titled to the persons entitled to them by will or by law].

Consult an estates lawyer in the county where your mother resided at the time of her death. If your stepfather's sister is combative, you will especially need someone to represent you.

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.

Essential information and facts are missing for a proper answer. Those facts are how the house is titled in the Deed when Mom died (Mom only or Mom and Step-Dad, and if Mom and Step-Dad, what language describes their ownership), and the language Mom used in her Will. If Mom was not the sole titled owner when she died, there may be a problem. On the other hand, if she was the sole owner and just gave Step-Dad a life estate so he could live there until he moved away or died, the house would seem yours. If I saw the Deed and Will a better response could be provided.