Burlington, NJ asked in Estate Planning and Probate for New Jersey

Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

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3 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Estate Planning Lawyer
  • Jersey City, NJ

A: You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.

If you need help, reach out to an attorney that understands NJ probate. The costs for hiring an attorney would come out of the estate.

Nina Whitehurst agrees with this answer

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

A: If no will is found then you will have to go to the probate court and get appointed as the executor of the estate. Because she died without a will this will not be a simple process, I suggest you consider hiring a good lawyer.

Nina Whitehurst agrees with this answer

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: This is not a family law issue. It is an estate lawyers area and you need to have a consultation with an estate lawyer promptly. While your mother may have wanted to have the proceeds of the sale of her home put into a trust, it sounds as if she procrastinated on getting the trust completed and passed away before doing so; which means that a will will control the distribution of her assets and if there is no will, then the law of intestacy controls - which means that you dont have the right to simply tell your siblings what you say were your mothers wishes. Again, it is in your best interest to meet with an estate law specialist promptly so that he can guide you on what you should do next.

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