QUESTION
Probate a house again BUT brother and wife put a lien aganist he house even those my mom had two life Ins.polices to buried her I was never called
Asked on Jan 11th, 2016 on Family Law - New Jersey
More details to this question:
My Mother die July 29 2015.-In N.J- She had no will, she had 50% of a house. I get 25%. I tried to probate the house. My brother and wife want to put a lien against the house, for buried exp. She had two life Ins polices and a bank acct.The boyfriend was giving money to hold. (This another story) The money for any add it cost. My mom boyfriend knew all this turn a blind eye. I wasn't even called, my brother and his wife took upon to buried my mom. I didn't even attend the funeral. Do I have any chance of winning this in court, without the lien. The house is only worth 140,000. My brother took everything. Or should I walk away. I tried once already to probate it. I really don't know if I can get a lawyer in my home state. Or N.J
1 ANSWER
2 Awards
The insurance money is not an estate asset - it passes directly to the named beneficiary and does not pass through the estate. The house passes through the estate and would be subject to any estate expenses such as payment for the funeral expenses. You don't probate the house, but instead probate(or register) the estate. The process of probate gives a person legal authority to be the representative of the estate. that is the way that a person would have the authority to sell the house, or any of the estate assets. You can't just place a lien against the house. They will have to get a judgment for the unpaid amount of the funeral and then file it as a lien.
Answered on Jan 12th, 2016 at 6:16 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship