my dad passed and his house is tenants in common. he has left everything to me and my sister. his present wife is left a life estate. i want to file to remove my dads name and add me and my sister. What form do i file? Where does it get filed in nj? Do I need a lawyer ?
2 Answers from Attorneys
Your father's estate has to be administered in the state and county where he resided. Only after all estate debts are paid may his remaining assets be distributed to his heirs.
If the house was owned by your father and another person as tenants in common, only his share of the house passes to his heirs. If the co-owner was his present wife, she still owns her interest in the house. If your father had a will and it provided a life estate to her, a deed from the personal representative of his estate would have to be properly worded so that it is clear that whoever gets his share of the property is subject to her life estate with respect to his interest.
Did he have a will leaving "everything" to you and your sister, or did he tell you this?
Consult an estates lawyer in the state and county where he resided to help you administer the estate.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
You need a lawyer. Let me know where the house is, and I can tell you whether I can help you.
Robert Davies, Esq.
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