Legal Question in Wills and Trusts in New Jersey
My aunt died without a will , never been married and no kids , one living sibling left ( my uncle ) . Her condo is in her name only ..........Question is How do we get the condo in his name and if we sell who has the right to the proceeds ?
Thank you in advance !!!
Bill
2 Answers from Attorneys
There is a procedure to follow when someone dies without a will. I would suggest that you contact my office to set up an appointment and I would be happy to help you. I would not suggest that you do this on your own. Call me at 973 808 2003
The intestacy statutes of NY control (who is entitled to a share of an estate where someone dies without a Will). It appears her sibling is the closest living relative, but there were other siblings who had children. The statute states: "(5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation." Thus, more than your uncle may be entitled to a share of the estate. Your uncle can apply to be appointed administrator of the estate as the closest living relative, and as such he can sell the property. The net proceeds of sale are then allocated among the entitled heirs proportionately to their interest in the estate.
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