Legal Question in Real Estate Law in New Jersey
Deeds
My parents and my aunt own one house. My aunt conveyed her half to her kids and a new deed was drawn up but it totally left out my parents' names. The deed was filed. Do my parents sill own their half?
2 Answers from Attorneys
Re: Deeds
This is impossible the way you have described it. Unless your parents signed the deed, they cannot lose their interest under these circumstances. It may be possible that the filed deed transferred your aunt's interest in the house, but not your parents.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If your parents
have any concerns, they should immediately meet with an attorney for a full consultation before
any steps are taken. Good luck! Rob Gleaner
Re: Deeds
Your aunt and your parents were probably tenants in common under the original deed. If that was the case, then each tenant owned an undivide part interest in the realty which can be conveyed separately. Your parents's interest should not be affected.
If important issues are involved, you may want to have a lawyer look over the original deed and the deed from you aunt to her children.
See also: http://info.corbettlaw.net/lawguru.htm