One or all of the children need to become the estate's administrator. Problem is, if she died a resident of another country, the process needs to start there and NJ would be an ancillary probate state. If she died in another country, still a legal NJ resident, then the foreign death certificate will need to reflect her NJ address and then the process would be a NJ administration.
They could consider filing a motion on OTSC in the probate part seeking to enforce the MSA and asking the probate part to appoint a temporary administrator for the sole purpose of executing a deed on behalf of the estate to the children. That might work.
Deb Guston
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Debra E. Guston, Esq., C.A.E.
Guston & Guston, L.L.P.
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Original Message:
Sent: 9/10/2023 4:33:00 PM
From: Tanya N. Helfand
Subject: RE: Real Estate transfer
Estate administration issue I believe now
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Original Message:
Sent: 9/10/2023 4:17:00 PM
From: Richard I. Goldstein
Subject: Real Estate transfer
PSA provides that wife is to execute quit claim deed transferring house to three children (1/2) and herself(1/2) as joint tenants. Subsequent enforcement order required wife to execute deed within 30 days. Wife failed to sign deed, moved out of the country and died. Deed was never signed and the status of her estate is unknown. Any ideas as to how to have title to house placed in children's name per court orders?
Thanks for any suggestions.
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