Legal Question in Wills and Trusts in New Jersey

Re: Selling house after probate

Unless the Will specified that the house was to be sold, or some other arrangement (e.g., allowing the resident child to purchase it), upon inheritance the children became partners in its ownership. If someone wants it to be sold, or to have their share paid out, a suit for partition will be required. This is a suit to compel the house to be appraised and sold, unless some arrangement is worked out between the owners. I suggest retaining a local attorney familiar with estates and real estate to assist you. Call me if you need more information or assistance.

Re: Selling house after probate

If there was a will, the house should go to the person or persons named in the will, unless there is a family settlement agreement to which all heirs and beneficiaries agree. If there was no will, the property in the estate would go to heirs in the manner prescribed by the State Intestate Succession law.

The house doesn't have to sold unless that is what the will directed.

The heirs of the deceased person should consult with an estates attorney to determine what their rights and obligations are.

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