Legal Question in Wills and Trusts in New Jersey

The bank wants your husband to open an estate for his mother. He is not obligated to do so. The bank may begin its foreclosure proceedings, and if it does, it may name your husband as a legal heir, which he is, regardless of the closeness of his emotional relationship with his mother. The bank would also have to name the occupants of the property in any foreclosure action. Your husband may want to offer to give the bank a quit-claim deed of any interest he may have in the property, but the bank may not want to accept it, nor is it obligated to.

The trouble with being named in such an action and having a judgment entered, even if he is not in title and has no obligation on the mortgage note, is that it may affect his credit. Therefore, your husband may want to enter a defense in a foreclosure action. He may need the assistance of an attorney for this..

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.

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