Legal Question in Wills and Trusts in New Jersey
Will
We lived in a two family. My dad & mom, sisters & brother. My grandparents lived downstairs. My grandmother & grandfather always told us (my sisters) that our house was going to be my fathers when they passed. My father always paid all the bills to this day he does. A few weeks after my grandmother died, my grandfather changed the will & left it only to my fathers sisters (3 aunts). A few years later grandpop died. That was about 10 years ago. The will wasn't probated and the name on the mortgage is still in grandparents name. My dad & mom still live in our house & have paid every bill themselves since the 1970's. My aunt's never probated the will & never gave one nickle for taxes or upkeep. My sisters & I wanted to know what are my fathers legal rights to our home.
2 Answers from Attorneys
Re: Will
This is really too complicated for a short answer. Your parents are not in the best position, as you describe events, but there are claims they can make. You need a full consultation with an attorney for a more detailed analysis. Contact my office for a free initial consultation. 973/661/3400
Re: Will
I agree with Rich that this is a very complicated situation, but one possibly easily resolved. More facts need to be known, such as how is title to the house indicated in the Deed, who has the original Will, who is named as Executor, etc. Plus, while your father may have a legitimate claim against the estate, he may also have some obligations as a tenant. Contact me directly if you need more information or assistance.
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