If my mom passed away 3 months ago andthe only thing she had was her home, what do we do now?

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If my mom passed away 3 months ago andthe only thing she had was her home, what do we do now?

Before she passed away, she stated that the house be divided equally between the 11 children and 1 grandchild with who lived with her.

Asked on February 22, 2011 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  If the house was in her name then you have to have someone appointed as the personal representative of her estate in order to deal with it however you choose to deal with it.  You file a Petition in Probate Court in the County in which she resided at the time of her death.  If she left a Last Will and Testament then whomever was named is the Will would be the Executor.  If she did not leave a Will - and I get the feeling that she did not - then someone will be appointed as the Administrator of the Estate.  If she did not leave a Will then she died "intestate" and the intestacy statutes will apply.  Now, the grandchild may not inherit here if you abide by the intestacy statutes.  You can, however, abide by her last wishes and divide the house equally by listing all your names on the deed or selling the house and dividing the profit between the 12 of you. The transfer is done by Executor's Deed.  Good luck.


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