Legal Question in Wills and Trusts in New Jersey

My farther and his mother owned a house in NJ. He died in 1999, she died last month. does the house go to his kids? Her kids?...Both?

Thank you

George Dixon


Asked on 4/05/10, 10:06 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

It depends on:

1. How the house was titled - were they both on the deed? how were they listed?

2. Whether each of them had a Will or not.

Property generally is passed either by a Will, which directs who should get it, or if there is no Will, according to state law.

Depending on how the house was titled, the property may have been given, first as directed by your father, and then as directed by your grandmother, if both had Wills. If not, it would pass from each estate according to state law.

In any case, Title is not automatically changed. The estates of your father and of your grandmother need to be administered, and only then may a deed be issued to the person or persons who should own the property after each death. The deed should be also recorded in the County office, to complete the transfer of title.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Miriam Jacobson

Law Offices of Miriam N. Jacobson

1900 JFK Blvd. Suite 1519

Philadelphia, PA 19103-1431

also licensed in NJ

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Answered on 4/10/10, 11:47 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

George:

The answer depends on the specific wording of the deed. Show your tax and estate lawyer the deed.

I hope this helps!

Ron Cappuccio

856 665-2121

www.SaveYourEstate.com

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Answered on 4/11/10, 12:08 pm


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