Legal Question in Wills and Trusts in New Jersey
My father passed away on 11/9/11 he left his home in NJ to myself and seven of my siblings. I informed my sister who is the executor of the will that I wanted to give my share of the house to my son and have his named listed on the deed instead of mine, she informed me that I could not do this. My question to you is can I give my share of the house to my son and have his named listed on the deed as the owner instead of myself?
2 Answers from Attorneys
The simplest way may be to see a real estate lawyer after sister records a new deed and ask the lawyer to advise you how to make the transfer.
It is possible to "disclaim" your interest within 9 months of the date of your father's death. The result of a disclaimer is to treat it as though you predeceased your dad. Presuming the Will provides for your share to go to your son, it should work out. Definitely, see an Estate and tax lawyer to help you through this.
I hope this helps!
Ron Cappuccio
856 665-2121
www.SaveYourEstate.com
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