Legal Question in Wills and Trusts in New Jersey

Re: probate

My condolences on your loss.

I'm not sure what your question is.

If you are living in your mother's condo, and if you are able to continue making payments on the mortgage and other fees and expenses of keeping the condo, you should go through probate [estate administration], in order to legally get the property into your own name, if the mortgage holder will allow this.

If you would be unable to keep up payments on the condo, you should contact the mortgage holder to ask if it will accept a deed from the estate [you will still have to go through probate to legally transfer the property] in exchange for canceling the mortgage and mortgage note.

You might also try to sell the property to pay off the mortgage, but if its current market value is the same as the mortgage balance, you will need to add money to complete settlement.

You probably should seek a short personal consultation from an estates lawyer with real estate experience in the county where the property is located, which I assume was also the county where your mother resided.

My NJ office is in Collingswood [Camden County].