Legal Question in Wills and Trusts in New Jersey

My parents recently passed away intestate. Prior to their passing, my father told me many times "when your mother and I are gone, you and your brother get the house." Nothing was ever put in writing. My brother had moved into the house with his family about 2 yrs before they passed away (they passed within 8 months of each other). During his stay at the house, my brother paid my parents "rent" each month. Now that my parents are both gone, my brother is still in the house with his family. While I don't want to seem like a vulture swooping in, I want my fair share. What are the options at this point? Thank you. PS- My parents lived in NJ.

Asked on 12/06/10, 5:45 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

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Each of your parent's estates must be administered, to legally transfer ownership of their assets in accordance with the NJ intestate law. Of course, part of the estate administration is to determine what all of the assets and all of the debts are, and to first pay the debts, including taxes owed.

The legal heirs under the intestate law inherit. So, assuming there are no other children, probably you and your brother are the heirs and inherit equally. You and your brother will have to work out what happens to the house.

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.

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Answered on 12/11/10, 10:59 am

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