Egg Harbor, NJ asked in Estate Planning and Probate for New Jersey

Q: Mom passed without a will and left two houses in dads name in PR, are they considered an asset of her estate?

Dad passed years ago but houses were not distributed or new deeds were not done so now that mom passed the houses are still in his name. Are they considered an asset of her estate? Would they need to be listed on her estate paperwork in the US? Or is US and PR kept separate? We will need to use the proceeds from her US property to help to pay PR property debts and legal fees. I am not sure if I don't list the PR properties in the US, then I can not use these funds to pay debt in PR. Can you advise?

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1 Lawyer Answer
Morris Leo Greb
PREMIUM
Morris Leo Greb
Answered
  • Estate Planning Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: Whether the assets are part of your mother's estate will depend on how title to the property was deemed to have passed at your father's death. If title passed by operation of law to your mother, the property is part of your mother's estate. It may be used for any lrgal purpose by the executor or administrator of your mother's estate.

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