Dad passed away, No will Moms wants to sell housse

[ezayas]

What is the name of your state (only U.S. law)? New Jersey

My dad passed away just over two years ago. No Will, No power of attoney.

My Mother, Brother and two Sisters agreed that they should sell the house.

I do not agree that the house should be sold. What can I do to prevent this?

There is no debt on the house, no credit cards, no car payments and taxes are upto date.

Please only expert advice.

 

[TinkerBelleLuvr]

Whose name is on the house?

 

[ezayas]

Both parents.

 

[anteater]

Both parents.

If you dig deeper, you will probably find that your parents owned the house in a form known as tenancy by the entirety, which is a form of ownership available to married couples and provides for right of survivorship. If that is the case, then your mother owns the house now and it is her decision whether to sell or not.

 

[TinkerBelleLuvr]

Both parents.

Most likely, the house was recorded as:
Joint Tenancy with Right of Survivorship

What is Joint Tenancy with Right of Survivorship?
A Joint Tenancy with Right of Survivorship is a document (usually in the form of a deed) wherein two individuals (often husband and wife) own equal and undivided interests in a piece of property. When one of the individuals dies, the surviving individual acquires ownership of the entire piece of property by right of survivorship. To establish ownership, the surviving individual simply executes and records an affidavit of death.

If that is the case, YOU have no rights. Mom owns it. Mom can do as she pleases. Now, if you want to BUY the house from mom since she doesn't want it and you do, feel free.

 

[ezayas]

As I understand there are certain rights the surviving children of parents that have property in Puerto Rico. There must be a reason that the realtor needs my signature to put the house on the market?

 

[justalayman]

where did PR come into this. You stated this was in New Jersey. Now, I'll accept there may be a large community of PR's in NJ but I do not believe the US has actually ceded NJ to PR...yet.

 

[TheGeekess]

where did PR come into this. You stated this was in New Jersey. Now, I'll accept there may be a large community of PR's in NJ but I do not believe the US has actually ceded NJ to PR...yet.

Considering that PR is actually a US Territory....

 

[justalayman]

Considering that PR is actually a US Territory....

it was a joke, only a joke.

OP started by stating this was concerning his mothers property in NJ and then in his last post said something about parents that have property in PR.

Since we were only talking about 1 property, that would infer that the property was in both PR and NJ so that would mean that NJ would have to be ceded to PR because PR cannot become part of NJ.

 

[ezayas]

When did I said that the property was in New Jersey..

"What is the name of your state (only U.S. law)? New Jersey"
I only stated that I reside in New Jersey..

Thank you for your input.

 

[TinkerBelleLuvr]

As I understand there are certain rights the surviving children of parents that have property in Puerto Rico. There must be a reason that the realtor needs my signature to put the house on the market?

Again, HOW is the house deeded.

Now, if it's a case where multiple people own the same property and there is a hold out, they can go to court to order a partition sale. You'll have two choices:
1. buy everyone else out
2. the court will order the sale

How much in legal fees to you want to saddle your mother with?

 

[justalayman]

When did I said that the property was in New Jersey..

"What is the name of your state (only U.S. law)? New Jersey"
I only stated that I reside in New Jersey..

Thank you for your input.

well, if you want to know about new jersey law, you put new jersey. If you want to know about peurto rican law, you put PR so what laws would be applicable to the situation?

How are we supposed to guess that the property is in Puerto Rico.

so, is did mom live in PR? Is the property in PR. Exactly how was the property titled?

 

[nextwife]

Children do not inherit anything that passes OUTSIDE probate due to certain types of jointly held ownership. Spouses often co own their primary residence in such a way that full ownership vests to to surviving spouse. WE cannot advise you until we know the RE location and how title is held.

Don't be surprised if the house was co owned in such a way that it passes to the surviving co owner outside probate.

 

[Country Living]

What is the name of your state (only U.S. law)? New Jersey

My dad passed away just over two years ago. No Will, No power of attoney.

My Mother, Brother and two Sisters agreed that they should sell the house.

I do not agree that the house should be sold. What can I do to prevent this?

There is no debt on the house, no credit cards, no car payments and taxes are upto date.

Please only expert advice.

Why would you object to your mother selling her house?

 

[anteater]

When did I said that the property was in New Jersey..

"What is the name of your state (only U.S. law)? New Jersey"
I only stated that I reside in New Jersey..

Thank you for your input.

That's the problem. You did not say that the property was in Puerto Rico, leaving everybody assuming that it was in New Jersey.

And it makes a major difference. The legal tradition and framework is very different from that of 49 of the 50 states.