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R

rubina

Guest
good morning and thank your for your advice. i live in new jersey.
there is no legal will, only a handwritten one, but there is a deed.
the deed was divided up into five siblings, one being my mom. the only surviving sibling of my grandparents.

does the house automatically go to the children of the dead individuals?

does my mom have controlling interest since it is her name on the deed and not the others (cousins)?

my aunt maried lived in the house for years, but my mother took care of all of the bills and the upkeep of the house. recently, my aunt died. the day of her death, her daughter alexsa, came into the house, placed new locks on the door, had the house appraised, and is having an estate sale with some of my mothers items. (a few of the items that she is selling were taken from the upstairs apartment and brought downstairs without anyone's permission, along with items that were in her moms apartment (some of which were my moms).

my cousins are attempting to force my mom into selling the house.my mom has offered to take charge of the bills (as before), (no mortage involved). rent the property and to share the profits equally. but, my cousins want to sell the property, where as my mom does not. Can they force her into selling itcan my cousins lock my mom out of her house? how can we legally have the locks removed without too much court interference?

can the estate sale begin with out my moms permission, since she is on the deed, would this be considered tresspassing? (the sale is this upcoming weekend, my mom was never notified we heard from a third party).

also, can they sell my mom's items? she was never given the opportunity to remove her items, because the locks were change immediately.

i thank you for your time and consideration with this matter. wishing you a very happy day.

sincerely,

rubina
 


ALawyer

Senior Member
Believe it or not, in some states that "handwritten note" may constitute a holographic Will. It depends on the state and what the note says.

As for the deed, it too may have operated to transfer title to others (it may depend on when it was or will be filed) or may just be a meaningless piece of paper. I think all states require Deeds to have been acknowledged before a notary to be effective.

Normally in the event of death, without a Will the child(ren) and spouse of the deceased inherit one's property, not one's siblings.

Your mother should quickly get the advice of a local lawyer and bring copies or the original of the "note" and deed. As for paying the bills, she may have a claim for the money she advanced. Get the lawyer's advice.
 

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