Legal Question in Real Estate Law in New Jersey

want to contest house transfer

my brother lives with my mother. I found out recently that My brothers' name is on the house deed with my mother having a life estate. this was done 6 years ago without my knowledge and I very angry. Im very angry at my mother doing this and she always favored him over me what are my rights here. she told me its her wish and I told her thanks a lot. I believe I can sue for my fair share after she is gone, im a son too.


Asked on 3/13/08, 4:37 pm

1 Answer from Attorneys

Salvatore Principato Salvatore Principato, Attorney at Law

Re: want to contest house transfer

Sadly for you a parent has a right to transfer property to a child living with a parent or otherwise. A life esate is a good vehicle to accomplish that wish. Often the resident child helps the parent with expenses and cares for the parent though that's not required. Once the parent (life tenant) dies, the property passes by operation of law to the person with the reamining interest and not via the estate or will. Unless the child exercised undue influence and the act was of transfer was not voluntary you will do less after her death than before. If she is of sound mind etc, it's her choice and as she says --her wish. Check around or consult a lawyer with the all details and the picture might be clearer. Sorry this my answer based on the limited view of the facts you provided.

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Answered on 3/15/08, 11:42 am


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