Legal Question in Wills and Trusts in New Jersey

My mother and fiance bought a home for me. My husband did all of the work estimated @ 70k free for the oppurtunity and because it would ours. My mother put 50k into it. Her fiance passed away unexpectedly with the deed in his name only. His estranged family is taking claim to it.It took us 11 monthes to complete and it was done for me because I was his fulltime caregiver out of affection for him and he wanted to do this for me when I became pregnant. We were to only pay back the money half of the money invested in exchange for the labor and not have to obtain our own mortgage. I have an 8 year lease to buy which was to be left to my mother for me to pay her. His lawyer also was directed by him to leave the house to my mom and he is also asked to be to make a video of him stating it. How can I stop them from taking the home or at least returning the stakes we had in it. What type of lawyer would I need to put a lien on the estate.


Asked on 12/22/10, 12:40 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Both you, your husband and your mother should retain a strong general itigation attorney to represent you and file a claim against the estate, plus promptly record a lis pendens against the property (informs the world there is litigation involving the property). You probably also need some form of document from the decedent's attorney as what were the facts as known to him about the house and its ownership. I am surprised that Mom was not on the Deed if she put up some of the money. Was any of this in writing? What does the Lease say - it may be proof of what you are claiming? This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/30/10, 10:56 am


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