sale of dedceased grandma's house

[blueoceans]

What is the name of your state? New Jersey.

My grandma, apparently, left her house 50 50 to her two daughters (my mom and aunt.) She died in 2012 and i just found out the deed is still 100% in my dead grandma's name, and tax bills were still going to her name all these years. My aunt has been living in the house since her death rent free, and she has been paying the taxes.

I just found out today my aunt listed the house. Also she is the executor of the estate.

1. Is my aunt allowed to list the house without a listing agreement signed by my mom?
2. Is my aunt, as the executor, legally allowed to sell the house when the deed is still ONLY in my grandma's name?

Thanks for any advice.

 

[Zigner]

Did grandma have a will?
Did grandma have any other children?
Did grandma have a surviving spouse?
If your aunt has been appointed as the representative of grandma's estate, then yes, she can sell the house. The proceeds would be divided in accordance with the appropriate method, which depends on the information requested above.

 

[blueoceans]

Did grandma have a will? my mom suddenly remembered there was, and she says it says 50 50 split of house between my mom and aunt.
Did grandma have any other children? no.
Did grandma have a surviving spouse? no.
If your aunt has been appointed as the representative of grandma's estate, then yes, she can sell the house. The proceeds would be divided in accordance with the appropriate method, which depends on the information requested above.

thanks for this - but also, since there is a 50 50 split, is my mom required to sign a listing agreement? i do not trust my aunt at all, and my mom is negligent.

 

[PayrollHRGuy]

i do not trust my aunt at all, and my mom is negligent.

Well, it is going to be your mother that loses out so if she chooses to be negligent that is her right.

 

[Zigner]

thanks for this - but also, since there is a 50 50 split, is my mom required to sign a listing agreement?

No. The estate (not your aunt) is the one selling the house. If your aunt has been properly appointed as the sole administrator of the estate, then she would be the correct person to facilitate the sale in that capacity.

i do not trust my aunt at all, and my mom is negligent.

I'm not sure what that is supposed to mean. If you feel that your mother should be more proactive in this matter, then encourage her to be. Please understand that you really have no ball in this game.

 

[blueoceans]

Well, it is going to be your mother that loses out so if she chooses to be negligent that is her right.

I am trying to find out if the house is being listed in a legal way.

No. The estate (not your aunt) is the one selling the house. If your aunt has been properly appointed as the sole administrator of the estate, then she would be the correct person to facilitate the sale in that capacity.

I'm not sure what that is supposed to mean. If you feel that your mother should be more proactive in this matter, then encourage her to be. Please understand that you really have no ball in this game.

Ok thank you. Does it matter that the deed is in my grandma's name? Or is that just a formality that's easily remedied?

I have encouraged my mom to be more proactive, and that's when she got back to me and finally 'remembered' there is a will and that my aunt is an executor. My mom has been on heavy medication for more than 20 years and is not all there (and she is very passive), so i want to make sure my aunt is not continuing to screw her over and is doing everything legally. It's good to have the info you gave me, thank you. Also, my mom will likely have a very long life and I don't think she is financially prepared for that. Since I will be the one suporting her, I wnt to make sure she gets all the money that is due to her so she can help support herself in her older age. That's superflous info I suppose.

 

[Zigner]

You AUNT did not list the house, your grandma's ESTATE listed the house.

 

[blueoceans]

You AUNT did not list the house, your grandma's ESTATE listed the house.

AH ok thank you! That helps clear it up.

 

[Litigator22]

What is the name of your state? New Jersey.

My grandma, apparently, left her house 50 50 to her two daughters (my mom and aunt.) She died in 2012 and i just found out the deed is still 100% in my dead grandma's name, and tax bills were still going to her name all these years. My aunt has been living in the house since her death rent free, and she has been paying the taxes.

I just found out today my aunt listed the house. Also she is the executor of the estate.

1. Is my aunt allowed to list the house without a listing agreement signed by my mom?
2. Is my aunt, as the executor, legally allowed to sell the house when the deed is still ONLY in my grandma's name?

Thanks for any advice.

You and mom MUST consult with an attorney versed in New Jersey probate law. And soon - like years ago. That is, unless you want to standby and watch your ensconced aunt gobble up what is left of grandma's estate.

So, don't be so naïve as to think that you can find solutions to complex problems (and these are completely over your head) from strangers met on your laptop! Snooze and you lose. So wake up as you've already been slumbering away for 6 plus years!