Legal Question in Real Estate Law in New Jersey

Re: Granddad left no will. We ASSumed Grandma had rights to property..

I partially concur with Bernard, but cannot comment without seeing the original Deed when the house was first acquired, as the way it was titled then would control what happened or needed to happen. Briefly, there are several possibilities, depending upon the original titling specified in that Deed. Traditionally, as between each couple, being married to each other, and if the Deed did not specify otherwise, the ownership between your grandparents and your parents, would be tenants by the entirety, a joint tenancy with right of survivorship, only applying to real estate. Thus, when your grandfather died, his undivided interest would automatically go to his wife. Likewise, when your Mom died, her share would go to your father. Following this presumption, that would leave your grandmother and father as the only owners, when your grandmother deeded her share to your father. However, this does not cover two other possibilities, one being the Deed provisions as between the 2 couples, and the other being was some other for of Deed registration set forth in the original Deed. If the Deed used the term, equal tennats in common, another type of registration, then the problem be more complicated, as this registration does not allow automatic survivorship and may include an interest being created in people other than those named in the Deed. Thus, a reading of the original Deed is critical to resolution of any title problems. Call me at 973-377-3313 if you have any questions.

Re: Granddad left no will. We ASSumed Grandma had rights to property..

The title company is probably correct, and there was probably no fault involved in the drafting of the deed that your grandmother gave to your father. That still leaves you with a problem.

The issue hinges on the kind of title that your grandfather held at his death. To be sure, I would have to see a copy of the deed(s) by which your parents and grandparents originally got title. The title company's opinion would imply that the four were what the law terms �tenants in common.� That would mean that your grandfather's interest did not pass automatically to the surviving tenants at the time of his death. Instead, it would have passed by intestate (without a will) succession part to your grandmother and part to your grandfather�s children. The details of intestate succession to surviving children have changed over time, so it is not possible to tell exactly who was entitled to what without more information than you have provided. However, if your granddad was survived by children in addition to your parent, they would have an interest in the property.

Your grandmother could convey no greater interest than she had. Therefore, she deeded something less than a fifty percent interest to your father. The remaining part would be divided among your grandfather's children.

Assuming that all of the children or their heirs can be found and will cooperate, title can be cleared up by getting quitclaim deeds for their interests. Another possibility is that title may have been acquired by adverse possession. This would necessitate a suit known as an �action to quiet title.�

It is not likely that the problem was caused by the error of the lawyer who drew the deed from your grandmother. In a close family transaction, a title search would be unusual especially if the transaction was for much less than fair market value. Your grandmother probably told the lawyer that she owned half and that was the basis for the deed.

Some action on your part is necessary so that the title can be cleared up and you can sell the property. If I can be of help to you, please call me at 856-767-0910 or see the other contact information on the attorney profile page listed below.

Re: Granddad left no will. We ASSumed Grandma had rights to property..

If the original deed and each couple owning their share jointly then your grandfather's share would all go to your grandmother. It depends on how the original deed was prepared. If you have an attorney for the sale he should show all the deeds to another title company. If you need help, please call for an appointment. Good luck.