Legal Question in Wills and Trusts in New Jersey

Hello. My father passed away recently. I was his caretake for the last 3 years, in California. We both lived in CA (never lived in NJ). He lived with me and named me his sole executor and sole heir in his holographic will. He willed his NJ property to me. It is a rental property. He had an ex wife (my mother) and a daughter (my sister), but they were both estranged from us for years. So it was just me and him. What steps are involved with regards to probate as far as obtaining the NJ property in my name? The property is worth roughly $350k and there's a little less than #200k left on the mortgage.

Thank you

Asked on 5/15/21, 8:25 am

2 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

I am so sorry for your loss, My father died 3 months ago and I know what you are going through and it can be very difficult.

You need to have your father's Will "ancillary probate" in NJ. Your attorney will then prepare an "Executor's Deed." for the home. There will also need to be a negotiation with the Mortgage Company.

I hope this helps!

Ron Cappuccio

856 665-2121

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Answered on 5/15/21, 10:16 am
Walter LeVine Walter D. LeVine, Esq.

I agree. Need to do ancillary probate in NJ and as executor do new deed. You probably also need to work with mortgage company to be approved as new responsible person.

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Answered on 5/16/21, 9:13 am

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