Quite often, especially in cases of reverse mortgages, lenders will start the foreclosure process immediately following the death of the property owner. Not only are you now faced with the legal process of requiring probate, but in addition also with the challenges of your lender foreclosing at the same time.
In New Jersey, filing Probate can be a lengthy, stressful, and very expensive legal procedure but still a necessary process to transfer property owned by someone who has passed away.
If a person created a Last Will and Testament, the probate process allows the courts to determine the legality of the Will and ensure the property ownership is transferred correctly. If the homeowner died without a Last Will and Testament, the courts would determine transfer of the property to a relative or a chosen representative for the estate.
If the decedent is survived by their spouse, the full legal procedure of probate may not be required, and instead a much shorter and easier process called “A Spousal Petition” may be obtained allowing the surviving spouse to transfer the rights and ownership of the property into their name.
Our team has enormous experience in the New Jersey Probate and Foreclosure procedures. Choosing the right probate attorney to work with you is crucial and at B Quest we are happy to recommend probate attorneys in your area whom we have worked with before. Once you reach out to a B Quest representative and we establish the need for an attorney, our representatives can facilitate an appointment with the attorney who will now represent you and the decedent’s estate.
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