Selling Home For Son

Summary

In New Jersey, you are not legally obligated to sell your home unless theres a court order. Your son has no legal claim on your property unless his name is on the deed. If your mothers estate wasnt probated, consider the simplified probate process to transfer the home solely to your fathers name. Since both parents are on the deed, your father is likely the sole owner by Right of Survivorship. If your son is not named in your fathers will, he generally has no legal claim to the property. Consult a local real estate or probate attorney for personalized advice.

Full Conversation

son has no job, no car, no degree, no friends, needs therapy
Hello Paul. Based on your situation, here's some general information:
- In New Jersey, you're not legally obligated to sell your home unless there's a court order.
- Your son has no legal claim on your property unless his name is on the deed.
- You may want to consider talking to a mental health professional about your son's situation.
dad wants to stay in free and clear low tax
Hello Paul. If your intention is to keep your home and maintain a low tax burden, you might consider the following:
- Homestead Benefit Program in NJ can reduce property taxes.
- Senior Freeze (Property Tax Reimbursement) to stabilize property taxes.
- Consult a local tax professional for personalized advice.
mom and dad on deed title, mom deceased
Hello Paul. Was your mother's estate probated after her death, and if so, was the property deed transferred solely to your father's name?
home free and clear low tax
Hello Paul. If your mother's estate wasn't probated, you should consider the following:
- New Jersey law allows for a simplified probate process for small estates.
- Probate process can help transfer the home solely to your father's name.
- Consult a local probate attorney for more assistance.
no probate....both mom and pop on deed title
Hello Paul. Since both your parents are on the deed, and there was no probate, your father is likely the sole owner now by "Right of Survivorship." If your son's name isn't on the deed, he has no legal claim. Consider consulting with a local real estate attorney for confirmation.
son not in dads last will
Hello Paul. In New Jersey, a will is the primary legal document for distributing a deceased person's property. If your son is not named in your father's will, he generally has no legal claim to the property. Consider consulting with an estate planning or probate attorney for more clarity.