Burlington, NJ asked in Real Estate Law and Probate for New Jersey

Q: Can I sell my home after my husband has died?

Husband died Nov. 2016 with no will. We were married for 8 years lived together in the house for 10. He was ill for 7 years. Deed and 1st mortgage are in his name only, I'm on second mortgage and have made arrangements and pay on it. Mortgage company will not talk to me about 1st mortgage as I am not on it.

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1 Lawyer Answer
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Unless you are appointed executor of his estate or was left the house in his will. Thus because he died without a will you will need an attorney to establish what rights you have in Probate Court before attempting to sell the house.

Kenneth V Zichi agrees with this answer

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