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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for New Jersey on
Q: Should I take legal action over property buyout dispute with brother?

I co-own a property with my brother in Ventnor. I wish to sell my share, but he disagrees with the buyout price I'm asking, which ranges between $450,000 and $600,000. We've had three appraisals done, and we've been negotiating since July 2024 with the help of attorneys. Given this... View More

Anthony M. Avery
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answered on Mar 5, 2025

Hire a NJ attorney to file an action for a Sale For Partition.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for New Jersey on
Q: Do I own the items in my NJ house after brother's passing?

I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More

Leonard R. Boyer
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answered on Mar 4, 2025

You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.

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1 Answer | Asked in Foreclosure, Tax Law, Real Estate Law and Consumer Law for New Jersey on
Q: Can a lien holder charge a foreclosure fee if property isn't in foreclosure?

I had a tax lien on my property, and the lien holder sent me a notice to pay within 30 days to avoid foreclosure. I paid before the deadline and have proof of the payment date, but the lien holder charged me a foreclosure fee anyway, which was added to the redemption amount at the tax office. The... View More

Leonard R. Boyer
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answered on Mar 4, 2025

No! That is not a valid charge. You need to consult an experienced mortgage foreclosure defense attorney and have the entire loan record. Good luck.

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
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answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Public Benefits for New Jersey on
Q: Can I title a 55+ community home in mother's name and avoid taxes/claims?

I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 22, 2025

We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Liability for vehicle damage if holding a stick in a crosswalk

If I hold a stick in front of me while crossing at a crosswalk in New Jersey and a motorist, who fails to yield, runs into the stick, could I be held liable for damages to their vehicle, assuming I was using the crosswalk properly, they had a clear line of sight, and there were no cameras or... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Q: 40 year old pays no board and trashes home

can i sue to make him pay and get out?

Matthew Schutz
Matthew Schutz
answered on Feb 5, 2025

The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for New Jersey on
Q: Can my ex husband's future creditors put a lien on our former home that is in my name only?

If my ex husband is taken off the deed to the house in our divorce, but the agreement reads he is entitled to a portion of the proceeds if and when i decide to sell, can a lien be put on the house in the future from his creditors?

Anthony M. Avery
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answered on Jan 23, 2025

If there is no deed recorded from him to you, then both it. The divorce has nothing to do with third parties. Creditors could get a judgment against him, then collect against any asset he has including the divorce term to share in sale proceeds without a filed judgment lien.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is there a legal document or I can have the handyman sign that would protect me from any future lawsuits or legal claims

hope you're doing well. I have a follow-up question regarding the live-in handyman arrangement I’m considering. Is there a legal document or agreement that I can have the handyman sign that would protect me from any future lawsuits or legal claims? Specifically, I’m looking for something... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2025

Attorneys who handle liability waivers and related forms could probably advise best here, but your question remains open for a month. At this point, one option could be to reach out to law firms that handle such forms. At the same time, another consideration could be to explore insurance. Good luck

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: I am going to Texas for medical treatment and will be temporarily disabled. How do I get out of my current rental?
Tim Akpinar
Tim Akpinar
answered on Feb 17, 2025

This is something that New Jersey landlord-tenant attorneys could advise best on, but your question remains open for a month. I'm sorry that your post may have been overlooked in the RE and Contracts sections. At this point (if you haven't yet resolved the matter), you could either (1)... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for New Jersey on
Q: I am trying get help with an eminent domain/blighted property issue where there was no just compensation paid.

A property was taken from my father under eminent domain/blighted property. The issue with this is that it was not a blighted property at all and the property was sold to a local business who wanted the property for many years. On top of that he was never paid any just compensation for the... View More

James L. Arrasmith
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answered on Jan 21, 2025

This situation with your father's property is deeply concerning, and I understand your frustration with both the inadequate compensation and the apparent mishandling by the previous attorney. The fact that your father was experiencing health issues during this time makes the situation even... View More

1 Answer | Asked in Real Estate Law and Estate Planning for New Jersey on
Q: I need to alter my moms property deed (Im her POA) as I need to sell her house and my deceased stepfather is still on it

My mom is unable to handle this type work, as she has certain dementia and going into a memory care unit to live. I need to sell her property as part of paying for her care prior to medicaid. The current deed indicates my mother and my step-father (now deceased) as the owners of the property.... View More

Anthony M. Avery
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answered on Jan 7, 2025

Mother is probably the owner, but hire a NJ attorney to search the title. You might be able to sell her interests as her attorney in fact, but everything must be for her interests, not yours.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Would marital property split equally, if one party dies, they were divorced but hadn't yet sold the poperty

Husband & wife buy a condo together and at the time, put 1 of their 20 yr old kids on the deed. They divorce 10 yrs later, then wife dies before they sell property. Division of assets was filed at time of divorce, states wife lives there for 2 yrs, then they sell and split equally, & in... View More

Leonard R. Boyer
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answered on Nov 23, 2024

The answers to your questions cannot be determined in an online forum. You must have a consultation (either secured video conference or in person in an attorney's office). In addition, you do not have privacy by posting in this forum. Just like you found it so can your so can the other parties... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can get a lawyer help me hand my property
Leonard R. Boyer
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answered on Nov 8, 2024

There is insufficient information to provide a meaningful answer to what you stated. Rewrite your question and provide more facts.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Dispute over co-owned home with a family member. Seeking advice on protecting financial investments, legal options

A friend is facing a dispute regarding a property jointly owned with a relative. The property was purchased with significant financial contributions from one party, who financed the entire purchase through two loans: a primary mortgage on the new property and a refinance of their original home. The... View More

Leonard R. Boyer
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answered on Oct 9, 2024

Your friend needs to retain an experienced civil litigation attorney who has handled this type of cases before. Although it may seem like an insurmountable problem, it is not. Your friend should be prepared to pay for 1 hour of attorney time to have this entire matter looked over. WHEN AN ATTORNEY... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: The executrix unwilling to divide proceeds equally

My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2024

More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are in the middle of an Assumption for my mother's estate. If we're denied, can we sell the house?
Leonard R. Boyer
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answered on Sep 18, 2024

You cannot assume a home mortgage and you cannot sell what you do not own. However, you need an experienced mortgage foreclosure defense and civil litigation attorney to represent your interests in this matter. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

2 Answers | Asked in Real Estate Law and Civil Rights for New Jersey on
Q: I have a few questions about riparian rights

I think I may have water rights. But I don’t understand how it is worded

Anthony M. Avery
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answered on Aug 9, 2024

You will need to hire a NJ attorney to search all relevant titles and explain the law.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My parents want to transfer their property and land to me. How can I get that done from the United States?

The property and land is in Puerto Rico. I live in the United States.

Anthony M. Avery
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answered on Aug 5, 2024

Hire a PR attorney. Start here on Justia.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

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