Legal Question in Wills and Trusts in New Jersey

Fiance and I own a home deeded as : JTWROS. He passed away in November. Lawyer is asking for mortgage info and to have house appraised. I thought this house would pass to me outside of probate ? Why is she including in total estate amount ?


Asked on 3/27/14, 1:44 pm

3 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

It should pass to you outside of estate .If you need legal counsel please contact my office.

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Answered on 3/27/14, 1:53 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

The property would pass to you automatically as the surviving joint owner....however, the home will be taxable in you fiance's estate. Therefore, the executor will need an appraisal of the house and the value of the mortgage as of date of death.

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Answered on 3/27/14, 1:59 pm
Kevin Pollock Law Office of Kevin A. Pollock LLC

NJ has an inheritance tax, so because the two of you were not married yet, there will be a 15% tax on what he left you despite the fact that the house passes outside of probate. This must be paid within 8 months of death. You should really be having this conversation with your attorney though.

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

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Answered on 4/01/14, 6:49 am


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