QUESTION

Deceased mother, never married, I am her onl child, she has a house her only asset, do I have to open an estate. Don't have attorney fees.

Asked on Dec 14th, 2015 on Estate Litigation - New Jersey
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Yes you have to open an estate.  If there is a will, you must probate the will.  Go to the county probate office in the county in which your mother lived.  Bring the will, a death certificate and a check.  By probating the will, you will be recognized as the person in charge of the estate.  You will be able to sell the house, or put the house into your own name.  If you are going to sell the house, you will need to open an Estate checking account, and will need to get an EIN for the estate.  You will use an online application at the IRS - form SS-4 - to get the EIN.  You will need the EIN to open the estate account. 
Answered on Dec 16th, 2015 at 11:19 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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