My mother is putting the house up for sale, in which I still live. The mortgage is paid off, and before my father died it was stated the house would be left in the children's name. Want to contest the will he left and see what my rights are on the...
You need to contact an attorney who litigates estate matters. Find such an attorney using the Find a lawyer tool in Avvo.
Bring the will along when you meet the attorney and explain the entire situation.See question
My husband and I moved into his mother's home with her after she had a stroke in 1998. Shortly after that, his sister had her mother move in with her and obtained POA. We stayed in the home and pay taxes, and maintain the home. His mother died in ...
There are a lot of potential issues in your situation, which makes giving you reliable advice difficult. In lieu of that, let me try to point out some issues you need to follow up on.
If your mother-in-law had a will, her estate (including the house) should have been admitted to probate and distributed in accordance with her will. Probate is a semi-public process and as the spouse of a beneficiary of the estate, you should ask the surrogate in the county in which your mother lived at her death to see a copy of the will, as well as a copy of letters of appointment as executor (the person who administers the estate on behalf of the decedent and the beneficiaries).
You mention a POA. That document terminates on the death of the principal, so it would give your sister-in-law no power to deal with the estate after your mother-in-law's death. Only the executor appointed by the surrogate (if there was no will, the person so appointed is called an administrator) would have such power.
You mention that the house is still in your mother-in-law's name, although she died in 2010. That is a sign that her estate has not been admitted to probate, or if it has that the executor or administrator has not performed their duties.
Whether or not there was a will, the beneficiaries or heirs would have a say in whether you can stay in the house in exchange for maintenance and taxes. I assume your father-in-law was dead at the time your mother-in-law died, but still you mention your husband, a brother and a sister. The letter from the lawyer engaged by your sister-in-law likely does not bind your brother-in-law to honor your possession of the property.
Finally, if you and your late husband lived in the house as husband and wife, you may have a possessory right to the home under New Jersey law. I am not sure whether this right would defeat a claim by the beneficiaries or heirs to sell the home out from under you.
Therefore, you need to sit down with an attorney experienced in decedents' estates and real estate and get more detailed advice on your rights, after explaining all the facts. Find such an attorney using the Find a lawyer tool in Avvo.
Good luckSee question
We have been renting for 2.5 years and it always included lawncare as advertised. However, the owner of the property passed away and property management said they are not responsible as the owner had a service paid for independently not through ma...
Your lease will control what responsibilities the landlord has, and you have. Your question states that the lease says you are responsible. If that is true, you are responsible. However, the body of your post simply says that "property management didn't include it in their lease" and this may lead to a different result. If the lease is silent, and you have relied on the services provided by the former owner, then those services should be continued unless a different agreement changes the situation.See question
I live in an apartment complex, 6 buildings and 48 units. I'm on a ground level apartment and my neighbor across the hall has the noisiest children on the planet. They start at around 7AM every day running and jumping to a point that literally ha...
The landlord has to assure that you have the "quiet enjoyment" of your premises. While this terms sounds like it relates to noises and the like, it actually means that you have the landlord has to do nothing that will interfere with your use your premises as residence. This can mean, in extreme cases, that the landlord has to take steps to stop interference by other tenants, including excessive noise.
Look at your lease. It may have a clause in it that says the a tenant cannot engage in activities that cause disturbance to other tenants. If that clause (or something like it) is in your lease, then it almost certainly is in your neighbor's lease as well. Thus, the landlord should enforce that clause against your neighbor.
Even if the clause is there, the landlord may argue that in his/its opinion, your neighbor is not violating the clause. This would have to be settled in court. If you break your lease and move out, you would also wind up in court for damages, at which time you could raise the clause and the landlord's inaction as a defense.
If you really want to pursue this, you should make a record of the disturbance. Record the noise (and the time of day) on several noted occasions. Make sure your complaints to the landlord are documented. Retain any responses from the landlord (if written). You will need these in court.See question
My father passed away and left his house under my name, my sisters name ,and my mothers. My mother is selling the house. I owe debt and dont want the state to take my share of the house. Can I sell my inheritance to my mother ?
If you, your mother and your sister are named on the deed, you can sell your interest to your mother. It is not clear from your facts whether you all are on the deed.See question
I live in Pennsauken Nj. I lost my license and can't find it. Can I report it lost at the Camden NJ police dept or do I have to go to the Pennsauken NJ police dept?
Neither. Go to the nearest DMV office and let them know. If you take sufficient ID to satisfy the "6-point" requirement, you can get a duplicate license for a modest fee.See question
I am being stalk and harass they follow me every where watch my house my daughter's house..I get the tags then they changed them. I wonder how from my ex fiancé ! I move out my house my things are still there pack staying with my daughter ..I d...
I suggest you take your complaint to the local police. This may be a criminal matter.See question
A quit claim deed was filed for my home in my divorce roughly three years ago. It was my understanding that I would "own the home" whereas my ex would "own the mortgage," and that my name would replace his on the deed. I would like to have work...
It sounds like the quitclaim deed was never recorded. Recording is the official notice of a change in ownership as provided in the deed.
If the quitclaim deed was executed as part of a divorce decree or property settlement, the terms of that document will govern what happens with recording (and should deal with what happens to the mortgage as well).
The problem here is that the mortgage lender will want to have all parties named on the deed to sign the mortgage documents, because only in this way does the lender have a clear path to foreclose on the home if the loan goes into default. If you are not a signer to the mortgage, but have your name on a recorded deed, the lender will object. Further, this transfer could trigger the "due on sale" clause in the mortgage and require the whole balance to be repaid.
You need to consult with your divorce attorney or another attorney about this situation. The attorney needs to review all the relevant documents (both as to the divorce and the mortgage).See question
The pond is large and is surrounded by their property. I always thought that no one owned the water and as long as I have permission from one land owner to enter and exit the water on their property, that meant I could fish the entire POND
You cannot trespass on private property to access public property, if in fact the pond is public. If you are standing on someone else's land you need their permission.See question
Our home has a 1st mortgage and HELOC. In 2010 we did a Chapter 7 discharge which removed the Notes from both loans. Our 1st mortgage is current. We were behind in the HELOC. Wells Fargo owned the HELOC and proceeded to foreclose in 2014 and w...
I agree with the other two responders. The only way to assure that Wells Fargo cannot foreclose in future is to have them cancel the mortgage itself and mark it satisfied on the record. This would remove the lien and Wells would no longer be a creditor for foreclosure purposes.See question