Q: My father owns house in NJ. Mother passed 2010, house still in both their names. In will, they left to ONE sibbling of 7
Can this be contested? Would it go through probate?
A: The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad and when your mom passed, I am again presuming that the house went to your dad ( since they were married and title was presumably held as tenants by the entirety). So, the next question is whether your dad has a will and whether your dads will also says that the property will pass to one sibling as opposed to the 7 siblings equally. Best way to find out that answer is to ask your dad. If your dad's will provides that it will pass to only one sibling as well, then I think that you are going no place. If your dad does not have a will or if he wants to have it be divided equally among the 7 of you, then you need to speak with an estate lawyer to ensure that his wishes are carried out and if needed, that a new will be put in place to carry out that plan. I am also going to presume that in your moms will, it provided that the house was to pass to your dad if she died before him and if your dad died before your mom, then upon her death, it would pass to your one sibling. Im sure the lawyer can explain to you where title currently stands given that your mom died before your dad.
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