Real Estate Law
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Yes, this can be taken care of in New Jersey, as probate for real estate purposes takes place in the jurisdiction where the property is located, not where the individual resided at the time of his/her death. So any legal filings would need to take place in NJ.
That being said, whether or not this property can be transferred depends on how it was held (that is if it was joint tenant with right of survivorship, etc...), any contract that you had with her, any will that she might have had, or if there was no will, if she had a spouse and/or children at the time of her death. If there was no will that would say otherwise, no spouse, and no surviving parents, and no other sibling, then you could absolutely get the property put into your name.
One need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, or guardian must be represented by counsel. As executor of a decedent’s estate, you don’t represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible.
That being said, you need to contact an attorney in your area that deals with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
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can the transaction be made in nj and what documents beside death certificate do i need
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