Legal Question in Real Estate Law in New Jersey

in NJ 3 people have there names on a deed one person die , do the decease person portion go to there aears


Asked on 10/21/13, 6:32 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

It depends on how the title is held. If a properly drawn deed says that the three owners are "joint tenants" then the remaining two divide the decedent's share. If the deed says "tenants in common" or if it is silent on the matter, then there is no right of survivorship and the decedent's 1/3 share goes to the decedent's estate.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/21/13, 7:58 pm


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