Legal Question in Wills and Trusts in New Jersey

deeds

My mother left me her house, she died December 2006. My brother-in-law was named executor and has not transferred the deed to my name. Can I transfer the deed myself or can I get my name added to the current deed without him. Also, he wants my social security #. Would he need that to transfer the deed? I don't really trust him since its been 17 months and he hasn't taken care of this matter.


Asked on 4/10/07, 2:54 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: deeds

I am sorry for your loss.

What you are describing is far too common. Your brother in law, the executor, is in charge of transferring your mother's property, paying her debts, taxes, and other issues. You can not just write a deed to yourself.

It should not be all that hard to have a lawyer write a forceful letter telling him to get moving, and that may be enough to do it.

He may need a good deal more information in addition to your SS#. If you do not trust him, however, smarter to have someone look at it for you.

17 months delay is a long time. However, you wrote December 2006; did you mean Dec 2005?

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you

and this law firm. You can not rely on the statements made by an attorney given over the internet. The

exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/10/07, 3:20 pm
John Corbett Corbett Law Firm LLC

Re: deeds

You can't transfer the property yourself but you can compel the executor to perform his duties. The court will help if asked but these matters can usually be pushed along with a letter from your lawyer.

Since you and I are practically neighbors, give me a call. If you remind me that the contact was through Lawguru, the first consultation will be free.

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

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Answered on 4/10/07, 4:21 pm


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