Legal Question in Wills and Trusts in New Jersey

my mother passed away in 2009. she has a home in nj and co-owned property in fla. surragate office says they have to combine properties and then sell them. why can't they sell home in nj first

Asked on 6/01/13, 12:00 pm

2 Answers from Attorneys

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

This does not seem right. You should talk to an estate and tax lawyer to review your options. Depending upon the terms of the deed to the "co-owned" property, it may have been automatically transferred upon death. 4 years is too long to be messing with the estate. Please retain a lawyer

Good Luck!

Ron Cappuccio

856 665-2121.

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Answered on 6/01/13, 6:09 pm

Walter LeVine Walter D. LeVine, Esq.

I agree. It is possible you are confused. Dual probates may be required - one in NJ and one in Fla, the primary one where Mom resided at her death and an ancillary one in the second state. Also, if the Fla house was co-owned, you can only sell Mom's share, and this would require a separate legal proceeding in Fla. You may neede a separate attorney in each state.

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Answered on 6/02/13, 10:53 am

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