New Jersey  |  Wills and Trusts

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11/15/07, 12:02 am

Legal Question


real estate deed

Please, I need your advice. My mother and my Aunt own a house. My mother lives in the house in New York. My aunt lived in New Jersey. In 2006, my Aunt signed the deed transferring her entire interest in the property to my mother. My Aunt had recently entered in to a Domestic Partnership in the State of New Jersey, with her male companion of 40 years. My Aunt was 82 when she died last week. Her domestic partner is also in his 80s.

The issue is, my mother never filed the transfer of the property with the proper agency. Today, she went to file the deed, and she was told to fill out an enormous amount of forms. We noticed on the forms that my Aunt’s signature appears to be required. Naturally, she can’t sign it because she is no longer with us. My Aunt apparently left all of her assets to her domestic partner in a will. Am I to now believe that her domestic partner owns part of my mother’s house? Again, my aunt DID sign over her interest on the deed, but my mother never filed the paperwork.

Thank you very, very much.

John Capizzi


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