Legal Question in Real Estate Law in New Jersey
My husband and sister-in-law were deeded the farm, with right of survivorship. we have lived and worked for his parents on this farm for 35 years. We built storage buildings and a new barn on the land. His sister does not work or live on the farm. I am worried as to what happens if my husband passes away. I know the land goes to his sister, but what happens to the equity we have in the buildings? Do I lose the right to use them? My husband is upset with me for questioning this. He won't answer me.
2 Answers from Attorneys
You have the right to question this, as marital assets were involved in enhancing the property. While you continue to live there, your right to live there after your husband dies will continue. However, upon your death, following that of your husband, or on his death, if he outlives you, the whole farm, including your improvements goes to his sister if she is still living. Thus, if you have children they will get nothing if your husband does not outlive his sister. I suggest that an attorney be contacted to correct or change things promptly, so that your family does not lose the value of what you have done.
This can be a real and serious problem. You need to talk to a lawyer, even if your husband will not. You do not want to lose everything.
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