Legal Question in Real Estate Law in New Jersey

My aged aunt passed away in 1998. Her property was left to her son, who has since died he in turn passed the property to his daughters who said they have no interest in the property. Before her passing, my aunt had a caretaker who continued to stay in her home and pay the property taxes. He was killed in a car accident this pass September. I recently went to the municipal hall to find out the status of the property. The property tax has not been paid since September of 2009 and I also was told that the caretaker some how has a $46000 lien against the property, yet he didn't own the property and his daughter is attempting to rent the property. The tax records still indicate that the property is owned by my aunt and her son. Is there anyway that our family can redeem this property without paying the 46000 lien?

Asked on 6/04/10, 8:27 am

2 Answers from Attorneys

Amy Klauber Klauber & Klauber, LLP

I believe that there may be, but I will need to know more details. Please contact my office at 732-663-1500 to discuss this matter further.

Thank you.

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Answered on 6/04/10, 11:35 am
John Corbett Corbett Law Firm LLC

In most cases a lien is not actually placed against real property. It is placed against a person's interest in that property. So, if the caretaker had no ownership interest in the property, the lien has nothing to which it could attach. An exception might exist if the lien is a construction lien but the lienholder would then have to show service on the owner. This is not actually a real property issue; it is an estate matter. I recommend that you get connected with a lawyer in the area of the property who handles estate matters on a regular basis. Be prepared to tell all you know about the survivors of your aunt. Your lawyer ahould be able to tell you who might have an interest in the estate and what can be done about it. See also:

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Answered on 6/04/10, 8:29 pm

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