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mom died no will-before name on mortage

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jakethesnake

Junior Member
What is the name of your state? new jersey

My mother and her boyfriend bought a house together about 12 years ago. She has just died and was on ssi, medicade and medicare. There was no will or insurance policy. There is approximately $50,000.00 equity in the home. What happens to her estate. What are the common law marriage laws. Will the house have to be sold. I\'ve heard the probate court gets involved. What are the possible outcomes?\r\nWho is entitled to her vehicle and bank account?
 


lwpat

Senior Member
No one can answer your questions since everything depends on the paperwork. The best thing for you to do is to go to the probate court and file to be the personal representative. Then you can get the necessary information and consult with a local attorney.
 

nextwife

Senior Member
What is the name of your state? new jersey

My mother and her boyfriend bought a house together about 12 years ago. She has just died and was on ssi, medicade and medicare. There was no will or insurance policy. There is approximately $50,000.00 equity in the home. What happens to her estate. What are the common law marriage laws. Will the house have to be sold. I\'ve heard the probate court gets involved. What are the possible outcomes?\r\nWho is entitled to her vehicle and bank account?
Is there a will?

The question of what comprises her estate depends upon the following answers:

Exactly how is the house titled?

How is the car owned? Her name alone?

How are her bank and any other accounts held? Her name alone?​

Does she have debt?

THere is no common law marriage in NJ.

http://www.njdivorceonline.com/njpages/Alimony/commonlawmarriage.asp

New Jersey does not allow the creation of a “common law” marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. Unlike some other states, in New Jersey a couple cannot acquire marital rights and responsibilities by living together for a particular period of time.
 
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