Thank you for using JustAnswer. I am researching your issue and will respond shortly.
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.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
did not get answer
can the transaction be made in nj and what documents beside death certificate do i need
I'm sorry you don't see the answer. Did you not receive any of the answer that I posted?
(roughly 5 paragraphs?)
Can you see my responses?
I am going to switch to Q&A so that we can communicate better. Please click F5 or the refresh button to see the change.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).