Legal Question in Real Estate Law in New Jersey

Re: Deed

Part of the answer depends on the manner in which your parents took title to the property. If the language on the deed states your parents' names, followed by "husband and wife" or "married" or "tenants by the entirety", then your father's share would have passed to your mother automatically upon his death. If that language is not included, or if they took title as joint tenants without right of survivorship, then your father's estate would first have to be probated, and the executor would have to transfer title to his share. With regard to your mother, assuming she is competent, she could give you a power of attorney to act on her behalf. However, there may be an issue as to a Medicaid or Medicare Lien on her share of the property. You should definitely consult with a lawyer on these issues, as they could get complicated. Assuming there is equity in the house, the legal fees could be paid after the sale, once funds are available. Please feel free to call me at if you would like a consultation.