No Will I need help please.

[Tuesdsay]

What is the name of your state (only U.S. law)? NJ
I am a 49 year old woman. I am on SSI. I am not able to work and lived with my Mother. She passed away last Wednesday. She owned the house but had left no will. I am scared because I don't know if I will be able to keep my (her) home. I don't know if it has to be willed to me. ANd if I am able to keep the home am I also then responsible for any bills she left as I don't know how I could pay them. If I couldn't pay them would I lose the house. Sorry too many questions maybe? I just have no idea of how any of this stuff works and have no money to get myself a lawyer.

 

[justalayman]

What is the name of your state (only U.S. law)? NJ
I am a 49 year old woman. I am on SSI. I am not able to work and lived with my Mother. She passed away last Wednesday. She owned the house but had left no will. I am scared because I don't know if I will be able to keep my (her) home. I don't know if it has to be willed to me. ANd if I am able to keep the home am I also then responsible for any bills she left as I don't know how I could pay them. If I couldn't pay them would I lose the house. Sorry too many questions maybe? I just have no idea of how any of this stuff works and have no money to get myself a lawyer.

to start with, scour your area for a legal aid site. If there is a law school close by, contact them to see if they can offer some assistance as well. Some law schools offer assistance as part of their program.


beyond that, you are almost guaranteed to need a lawyer. While probating an estate can be done by those willing to take it on, from your post, I suspect it is not something within your wheelhouse.

first, was there a mortgage on the home? If so, that will need to be continued to be paid to avoid the lender taking any legal action

Is the house owned solely by your mother? Do you have any siblings? Was she ever married while owning the home?

the simple answers are:

if your mother was never married while owning the home and you have no siblings, you stand to inherit the entire estate (house, personal property).

bad news; if there are debts, they must be paid. If that means property, real or personal, must be sold to pay the debts, then that's what it is.

 

[latigo]

What is the name of your state (only U.S. law)? NJ
I am a 49 year old woman. I am on SSI. I am not able to work and lived with my Mother. She passed away last Wednesday. She owned the house but had left no will. I am scared because I don't know if I will be able to keep my (her) home. I don't know if it has to be willed to me. ANd if I am able to keep the home am I also then responsible for any bills she left as I don't know how I could pay them. If I couldn't pay them would I lose the house. Sorry too many questions maybe? I just have no idea of how any of this stuff works and have no money to get myself a lawyer.

Sorry for your loss.

As for mother not having left a will, that is she passed away intestate, her property would pass in accordance with New Jersey's intestate succession laws. And if she left no surviving husband, then the property would be distributed equally to her surviving children and the children of any deceased child by right of representation.

You need to be consulting with a New Jersey probate lawyer. There may be a summary or quick way to settle the estate without the need for fully probate. All depending on its gross market value.

In the meantime just stay put and see that the bills are paid.

Good luck

 

[commentator]

There is legal aid for low income persons in New Jersey. Find them. They will help you. Your SSI workers will be very familiar with this situation, it happens a lot. They are not out to get you, but keep them fully in the loop as far as what is going on, what you may receive from your mother's estate, etc. Find legal aid, that's the key. It all depends a lot on information we do not have and cannot say much from where we are. Do you have any other siblings?

 

[Silverplum]

Legal aid in NJ:

https://www.lsnj.org

http://northeastnjlegalservices.org

http://www.needhelppayingbills.com/html/new_jersey_free_legal_advice.html

 

[OHRoadwarrior]

All you need to do first, is go to the county recorders office and see how the home was titled. If you were here only child, she may have left it to you in a survivorship deed.

 

[Tuesdsay]

to start with, scour your area for a legal aid site. If there is a law school close by, contact them to see if they can offer some assistance as well. Some law schools offer assistance as part of their program.


beyond that, you are almost guaranteed to need a lawyer. While probating an estate can be done by those willing to take it on, from your post, I suspect it is not something within your wheelhouse.

first, was there a mortgage on the home? If so, that will need to be continued to be paid to avoid the lender taking any legal action

Is the house owned solely by your mother? Do you have any siblings? Was she ever married while owning the home?

the simple answers are:

if your mother was never married while owning the home and you have no siblings, you stand to inherit the entire estate (house, personal property).

bad news; if there are debts, they must be paid. If that means property, real or personal, must be sold to pay the debts, then that's what it is.

Thank you for your help.

The mortgage was paid but so my Mom and Dad owned the house. My Dad passed 6 years ago.
But it is a mobile home so she did not own the property it is on. She had to rent that monthly.
I have one brother.
So It seems like we would inherit the house but then also the bills?
I called a legal aid in this area. I am waiting for them to call back.

 

[Tuesdsay]

All you need to do first, is go to the county recorders office and see how the home was titled. If you were here only child, she may have left it to you in a survivorship deed.

Okay thank you I was not sure how to find out about the title.

 

[justalayman]

Okay thank you I was not sure how to find out about the title.

the title is not going to be at the county recorders. OHR was under the belief it was land (real property)

The title for your home should be in your mother's personal possessions. If not, you can obtain a copy from the state New Jersey Motor Vehicle Commission...

. I don't know if the state will issue a duplicate title without proof you represent your mothers or fathers estate. You can always ask if you cannot find it in your mothers stuff.

so, AFTER the bills of your mother, and maybe your father if his estate has never been through probate (or a small estate administration if possible and applicable) have been paid, you and brother will share the remainder.

Unless you have an exceptionally nice landlord (for the lot), you need to get moving on sourcing funds to pay the lot rent and the utilities. I would guess some sort of state aid may be available for you given your SSI status, if you are not already recieving it. If you are, since whatever your mother had for income will likely cease, your case would need to be reevaluated.

 

[Tuesdsay]

the title is not going to be at the county recorders. OHR was under the belief it was land (real property)

The title for your home should be in your mother's personal possessions. If not, you can obtain a copy from the state New Jersey Motor Vehicle Commission...

. I don't know if the state will issue a duplicate title without proof you represent your mothers or fathers estate. You can always ask if you cannot find it in your mothers stuff.

so, AFTER the bills of your mother, and maybe your father if his estate has never been through probate (or a small estate administration if possible and applicable) have been paid, you and brother will share the remainder.

Unless you have an exceptionally nice landlord (for the lot), you need to get moving on sourcing funds to pay the lot rent and the utilities. I would guess some sort of state aid may be available for you given your SSI status, if you are not already recieving it. If you are, since whatever your mother had for income will likely cease, your case would need to be reevaluated.

Oh alright thank you. Well the bills of my father were being paid by my Mother and actually she paid a lot of it off.
I am confused about moving on sourcing funds . Are you saying I would have to pay the landlord as if I were a new tenant renting the lot for the first time?
The main thing I am concerned about is getting all of this done in time. I mean I am living here now but I am lost as to what happens at the first of the month when the rent would get paid. I mean I have put a call into and legal aid but so far I don't have any answers other than what I have found out there. I am on SSI, so I told Social security about the changes, They didn't say anything about being reevaluated ( though now I'm thinking they will probably send me a letter next month.) I already applied for food stamps. And I am have also applied for help with the utilities, but it takes time for all of this and I don't know what I will be getting in assistance. I just am not sure how I can stay in the house while I do all of this.
I hope I am being clear. My mind is just foggy at this time.
Thank you for your help.
I will try calling Legal aid again tomorrow.

 

[OHRoadwarrior]

I'm confused how you determined this was a manufactured home and not one on real property.

 

[justalayman]

the landlord will be entitled to whatever rent your mother was paying. If she paid monthly, then you need to continue the monthly payments.

I am on SSI, so I told Social security about the changes, They didn't say anything about being reevaluated

I was actually referring to welfare and not social security being reevaluated. You may be able to get some sort of monetary assistance. I don't know a lot about SSI but unless you were receiving maximum benefits ($733 I believe), you may be able to get a boost up to that. I just don't know how all the household income plays into SSI so I cannot really say.





Having a parent pass can be overwhelming even if you are not in a financial position such as yourself. Hopefully your brother is chipping and and making this a family effort. Best of luck to ya.

 

[Zigner]

I'm confused how you determined this was a manufactured home and not one on real property.

The OP said so:

But it is a mobile home so she did not own the property it is on. She had to rent that monthly.

 

[OHRoadwarrior]

The OP said so:

I read the thread multiple times and did not see that. (head smack) OH !!! OP said it after I gave them the info. Caught it second time around the world.