Legal Question in Wills and Trusts in New Jersey

who does the house belong to according to will

MY GRANDmother died leaving her home to her children my dad was the last to dye and my aunt husband gave it to my a niece. my father estae was the last living. so does my 2nd cousin have the right to it.


Asked on 9/20/04, 7:04 pm

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: who does the house belong to according to will

You need to retain an attorney immediately. Your attorney will review the Wills and other estate documents in order to determine whether disposition of the assets has been properly handled in accordance with the intent of the deceased and in accordance with the law. But without being able to review the Wills involved, it is impossible to determine whether the property of the estate(s) has been correctly distributed.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Read more
Answered on 9/21/04, 9:39 am
Walter LeVine Walter D. LeVine, Esq.

Re: who does the house belong to according to will

Your question is confusing. Who died first, your grandmother or your dad? What did the Will say should happen when your grandmother died? The following answers are based upon general law and cannot be relied upon since I have not read the Will or seen the Deeds that would have been involved. If your dad and aunt both survived your grandmother, they would have inherited the property as 50/50 owners, holding title as what we call tenants in common (equal co-owners with the right to pass their share of the ownership onto their heirs, which seem to include you). If the Deed said your father and aunt were owners as joint tenants with right of survivorship and your father died before your aunt, she would have inherited the entire property with your father having no right to have his share go to anyone else. If your father died before your grandmother, the language of the Will controls. If the Will said nothing about who gets if a child died before your grandmother (usually a Will says if a child dies first their children succeed to their interests, but it could also say that if a child predeceased only the living children inherit), the property would only go to children living after grandma died. I need to see copies of the Will and the Deed issued after grandma died to give you a better answer.

Read more
Answered on 9/21/04, 11:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey