Legal Question in Real Estate Law in New Jersey

transfer house from an estate in NJ

My mother died without a will. My brother and I are coexecutors. We want to transfer the house from the estate to ourselves. What forms do we need. We have a certified copy of the deed.


Asked on 1/22/09, 12:03 pm

1 Answer from Attorneys

Tina Amodeo Law Office of Tina Nielsen Amodeo, LLC

Re: transfer house from an estate in NJ

Disclaimer: By reading this response you understand that I do not represent you and that unless you enter a formal retainer agreement with me, I do not represent you nor does it establish an attorney-client relationship between you and me. This answer is given to you for informational purposes only and you are advised to formally retain counsel rather than rely solely upon the information provided in this communication.

ANSWER:

If you have gone to the Surrogate's Court to probate her estate and obtained Letters of Administration appointing you and your brother as co-executors, all you need to do is prepare a deed from you as co-executors of your mom's estate to whomever you are granting it to and have it recorded with all the proper affidavits and certifications.

It must be prepared properly in order for it to be recorded and include the proper language so that it does in fact pass proper title.

This is a relatively inexpensive proposition if you wish to hire an attorney to do this for you. You should understand that any transfer of property involves issues that you may not understand and you should consult a real estate and/or estate attorney so that you and your brother are aware of these issues.

You can contact me at [email protected] if you wish to consult further on this.

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Answered on 1/22/09, 12:51 pm


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