Will; Property ownership question

[rleno]

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

Hi, I am 65 years old. My mother of 90 whom recently died last month. My sister came up from Florida because supposedly she is named as the sole beneficiary/executor. I have not received any copy of the will. I found a previous will that named me as executor. I have lived in this house for at least 60 years and took care of my mother until the end. My sister moved to Florida a long time ago and my brother who also lives in New Jersey is never around.

Now that my mother has passed. My sister is telling me everything that she has the house and wants to put it up for sale and kick me out. Basically telling me to take all my stuff and animals and get out more or less. The last time she came up to New Jersey was years ago. She's never been around to help me with the house or taking care of my aging mother. Even though my brother only paid some of my mothers' bills.

What I want to know is; can my sister throw me out of the house and evict me if she comes up with someone who wants to buy the house. She's giving me all kinds of crazy excuses. But I believe she just wants to sell the house to get the money. She could care less about me being thrown out on the streets. Winter is coming and I have to get my personal possessions out of the house and clean the place up. I need to know how long I have until she can throw me out. Also, is there a chance I could fight this with some kind of legal aid. I am a 65 year old man whom is disabled and on social security so I do not have much money for a big lawyer or even somewhere to rent. But I do believe I could manage to pay the bills and taxes myself. As I was doing before anyway. But, my sister just wants me out of the house so she can sell it and take the money and run. She thinks I can't pay any of the bills or taxes because I have no money. But I have my social security and I am not completely disabled. I do many odd jobs on the side to get extra money. I am retired and getting a new job at 65 especially during this economy would prove difficult. So is there anything I could do? I've lived here the longest and taken care of mostly everything. Including actual work on the house itself. New windows, siding, everything, etc. Because the house is over 100 years old. So I have put a lot of time, money, and effort into restoring it.

Thanks, I hope I can get some help before it is too late.

PS: My sister is also wanting my insurance money that my mother left to me after she passed on. Does that sound kind of fishy to you?

 

[LdiJ]

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

Hi, I am 65 years old. My mother of 90 whom recently died last month. My sister came up from Florida because supposedly she is named as the sole beneficiary/executor. I have not received any copy of the will. I found a previous will that named me as executor. I have lived in this house for at least 60 years and took care of my mother until the end. My sister moved to Florida a long time ago and my brother who also lives in New Jersey is never around.

Now that my mother has passed. My sister is telling me everything that she has the house and wants to put it up for sale and kick me out. Basically telling me to take all my stuff and animals and get out more or less. The last time she came up to New Jersey was years ago. She's never been around to help me with the house or taking care of my aging mother. Even though my brother only paid some of my mothers' bills.

What I want to know is; can my sister throw me out of the house and evict me if she comes up with someone who wants to buy the house. She's giving me all kinds of crazy excuses. But I believe she just wants to sell the house to get the money. She could care less about me being thrown out on the streets. Winter is coming and I have to get my personal possessions out of the house and clean the place up. I need to know how long I have until she can throw me out. Also, is there a chance I could fight this with some kind of legal aid. I am a 65 year old man whom is disabled and on social security so I do not have much money for a big lawyer or even somewhere to rent. But I do believe I could manage to pay the bills and taxes myself. As I was doing before anyway. But, my sister just wants me out of the house so she can sell it and take the money and run. She thinks I can't pay any of the bills or taxes because I have no money. But I have my social security and I am not completely disabled. I do many odd jobs on the side to get extra money. I am retired and getting a new job at 65 especially during this economy would prove difficult. So is there anything I could do? I've lived here the longest and taken care of mostly everything. Including actual work on the house itself. New windows, siding, everything, etc. Because the house is over 100 years old. So I have put a lot of time, money, and effort into restoring it.

Thanks, I hope I can get some help before it is too late.

Since you have a will that shows you as the executor, I suggest that you immediately file for probate using that will, which will then force your sister to produce the other will if it actually exists. No one can sell the house until probate is started and an executor officially named by the court. I would not cooperate with your sister at all unless probate is opened and she is actually named the executor.

 

[rleno]

Since you have a will that shows you as the executor, I suggest that you immediately file for probate using that will, which will then force your sister to produce the other will if it actually exists. No one can sell the house until probate is started and an executor officially named by the court. I would not cooperate with your sister at all unless probate is opened and she is actually named the executor.

How do I file for probate of the previous will?

My sister is also wanting my insurance money that my mother left to me after she passed on. Does that sound kind of fishy to you?

 

[LdiJ]

How do I file for probate of the previous will?

My sister is also wanting my insurance money that my mother left to me after she passed on. Does that sound kind of fishy to you?

Your sister has zero right to the insurance money that your mother left to you. That money passed to you outside of your mother's estate and belongs to no one but you. Even if somehow she ends up as the executor she has zero right to even ASK you about that money, let alone touch it.

 

[Zigner]

Your sister has zero right to the insurance money that your mother left to you. That money passed to you outside of your mother's estate and belongs to no one but you. Even if somehow she ends up as the executor she has zero right to even ASK you about that money, let alone touch it.

It depends on HOW it was left. If the insurance was paid to the estate and then directed by the will to be distributed, then it definitely IS a part of the estate.

I'm not disagreeing with you, just pointing out that care needs to be taken with blanket statements based on scant information.


ETA: The OP states that mother "left" the insurance money to the OP. That may have been a misstatement by the OP, or it may indicate that the OP wasn't actually the beneficiary of the policy.

 

[rleno]

It depends on HOW it was left. If the insurance was paid to the estate and then directed by the will to be distributed, then it definitely IS a part of the estate.

I'm not disagreeing with you, just pointing out that care needs to be taken with blanket statements based on scant information.


ETA: The OP states that mother "left" the insurance money to the OP. That may have been a misstatement by the OP, or it may indicate that the OP wasn't actually the beneficiary of the policy.

No, it is in my name. It has nothing to do with the estate itself. I'm just wondering how to file for probate?

 

[LdiJ]

No, it is in my name. It has nothing to do with the estate itself. I'm just wondering how to file for probate?

Unfortunately you really need an estate attorney. However, if you need to see if you can attempt it yourself, then google "How to file for probate in NJ" and read everything you can find on the issue.

 

[TrustUser]

hi rleno,

it sounds like your sister is attempting to take advantage of your lack of knowledge.

i also think that you have been given good advice.

filing for probate with your own will at least forces your sister to come up with something to override it.

but she cant sell the house until and unless it is in her name/control.

only the entity that owns the house can sign a deed over to someone else.

is there anything that would give you reason to suspect that your mom would give everything to your sister ?

from your explanation, it does not seem likely.

i certainly would not vacate the house, or allow her into it alone, until and unless you are forced to do so.

it may just be that she wants to enter it, and take stuff away without your knowledge.

 

[Just Blue]

hi rleno,

it sounds like your sister is attempting to take advantage of your lack of knowledge.

i also think that you have been given good advice.

filing for probate with your own will at least forces your sister to come up with something to override it.

but she cant sell the house until and unless it is in her name/control.

only the entity that owns the house can sign a deed over to someone else.

is there anything that would give you reason to suspect that your mom would give everything to your sister ?

from your explanation, it does not seem likely.

i certainly would not vacate the house, or allow her into it alone, until and unless you are forced to do so.

it may just be that she wants to enter it, and take stuff away without your knowledge.

Do you have a odd dislike of capital letters?

 

[colourfastt]

Do you have a odd dislike of capital letters?

It's "Internet grammar."

 

[ShyCat]

AKA "extreme laziness"

 

[justalayman]

TrustUser;3293082

a couple points of clarification. Not picking on you but since the OP appears to be a bit lost on the issue, just attempting to make it clearer to him/her.

filing for probate with your own will at least forces your sister to come up with something to override it.

probate is opened first. Then the will is presented to be validated. It can be a more or less concurrent action but you do not open probate "with a will". You open probate...period. Then you take actions required to probate the estate.
Then once the will the OP is holding is presented for validation, either the sister presents a more recent overriding will or if the will the OP holds is accepted as valid, it is acted upon.

only the entity that owns the house can sign a deed over to someone else.

The person that owns the house per the deed is deceased. That means the estate currently owns the house. An estate is not a physical person so the estate cannot sign a deed. That means the lawfully appointed representative (administrator, personal representative, executor; depending on the state and type of probate action) is the person that would sign a deed on behalf of the estate.