Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How can I sell a parent’s house after death in Atlantic County?

Posted on Wed Jun 17, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Intestate Probate Process in Atlantic County, New Jersey

Most Recently Updated July 15, 2018.

“My mother passed away in Atlantic County, New Jersey. She was divorced, with four children, leaving no will. She only owned a house, but it has a mortgage taken out by her boyfriend. How do we sell the house?”

Intestate Probate Process in Atlantic County, New Jersey

Intestate Probate Process in Atlantic County, New Jersey

When a person dies as a resident of New Jersey without a will, they die “intestate.” New Jersey has a set of rules that dictate who has the right to petition the Atlantic County Surrogate to be named the Administrator of an intestate estate. In your case, all four children have this right.

If the children cannot agree as to who will serve, then there will be a hearing where the judge will select an Administrator.

This Administrator will then have the power to sell the house. It is likely that the Administrator will find that your mother signed documentation allowing her boyfriend to put the mortgage on the house. The Administrator will also have the right to review all the paperwork to see if there is any claim to recover any money from the boyfriend.

More Probate Questions?

The intestate probate process is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Intestate Probate Process in Atlantic County, New Jersey

I hope that this article was helpful in explaining the intestate probate process. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Probate Paralegal, Jacqueline Mettinger

Tags:

Atlantic County, Intestate, New Jersey, Probate, Probate Attorney, Probate Lawyer, Rules of Intestacy

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Mr. Klenk has been easy to work with. I am confident he has given me good advice whenever I have called upon him. He has shown good work ethic and depth of knowledge in preparation of estate, wills, and trusts that I have worked with him on.

Klenk Law Logo
Stars

Anna B.

Professional, cheerful, thorough and fast. Peter responded to my request for a consultation right away, and within just a few days my last will and living will were done. Rates are standard.

Klenk Law Logo
Stars

Rocco D.

I have worked with Peter Klenk & his associates for some time now and I have found them to be ultra-qualified, knowledgeable and diligent about their work. I highly recommend them.

Klenk Law Logo
Stars

Glenn P.

Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!

Klenk Law Logo
Stars

Michael Wolfgang

Peter and the whole team at Klenk Law are top notch. They are thorough, efficient and understanding of client needs. He was able to tailor our estate planning needs just how we envisioned.

Let us put our expertise to work for you.

Free consultation within 24 hours.