Legal Question in Real Estate Law in New Jersey

can u change your mind after u give someone a house?

J has lived in his uncles 2 family house for over 11 years. uncles health starting failing n he decided to give the house 2 J.in oct. 2004 he wrote a letter giving him the house.in nov. he had us get a quick claim deed to officially sign it over. in dec. 2004 the deed was filed. at this time he also made him executor of his will and gave him P.O.A. His ins.agent use to hold these titles.uncle wanted J to get everything.uncle came out of rehab/hosp.(2/05) when ins. agent was notified of the change of beneficiary he contacted the uncle. all of a sudden he is being accussed of misdoings. agent is back in charge n the grand niece is the beneficiary. may 2005,now they wanted the house.leters exchanges but no case filed. the uncle died feb 2, 2006.(6/06)J is being sued. they want the house, they want an accounting when he was the POA, and they accused J of changing beneficaries unjustly. J took out a mortgage to buy a car and repair 2nd floor apt. he has paid all the bills(taxes, ins., water). no rent was ever rec'd.1st fl. is getting major renovations done. over 60 thou.+. can they do this? saying the house should be either given over to the estate or sold? he is the closest living relative. the uncle had no children.


Asked on 7/03/06, 6:09 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: can u change your mind after u give someone a house?

Your scenario raises so many questions and legal issues that would be impossible to respond here. However, you should immediately see a lawyer. Whether you call our firm or someone else, you are faced with major litigation over the validity of the transfer and you have your own issues as to the validity of the probated will. Please do not wait any longer in seeing an attorney.

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Answered on 7/05/06, 1:44 pm
Robert Davies The Davies Law Firm, P.A.

Re: can u change your mind after u give someone a house?

You have a real mess on your hands. You need to see an attorney right away, or the other side could get a Court Judgment which would be very bad.

I have handled several cases like this. If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/05/06, 8:30 pm


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