Mom died intestate - Stepfather sold house

[onlyfair]

What is the name of your state? New Jersey

My mother died intestate. She owned a house with stepfather. No one speaks to stepfather. Based on how the deed was held, he was not entitled to full ownership upon her death (sorry can't remember the legal term for this)

So the house sold in June, we (myself and 2 minor sisters) received no notification of the sale other than from an old neighbor. I know that stepfather listed us as heirs on the administration paperwork. My lawyer has not heard from his lawyer.

Since his lawyers do not respond or cooperate, Is there a way to find out what, if any, proceeds should be coming to us?

[BelizeBreeze]

Contact the probate court in the county where mom died. They should have the probate file unless stepfather did not file probate.

if not, you need to get your attorney off his/her ass.

[onlyfair]

Thank you.

What if he did not file probate? I just phoned there and they said to write to them with $10and they'll "let me know if a file exists" once they get the $10.

What if he did not file...? In that case, who would I be able to contact, and is there a specific way to phrase my question?

[BelizeBreeze]

Originally Posted by onlyfair

Thank you.

What if he did not file probate? I just phoned there and they said to write to them with $10and they'll "let me know if a file exists" once they get the $10.

What if he did not file...? In that case, who would I be able to contact, and is there a specific way to phrase my question?

Give them your mother's name (married and maiden) her address at the time of her death, social security number (if you have it) and any other information you may have.

if there is no probate file then YOU or anyone else can file probate Intestate and ask the court to appoint you as administrator.

[nextwife]

EXactly how was the house titled? It's entirely possible the house was NOT subject to probate at all. It's ownership may have passed to her husband upon his death.

Was ownership Tenants in Common, or Jt Tenants, or what?