Legal Question in Real Estate Law in New Jersey

A house, like any other property, may be disposed of by Will. Consult with an estate planning lawyer in your area to create a Will and other estate documents (financial and health care powers of attorney, advance health care directives, etc.). Do yourself and your family a favor and do not use ready-made fill-in-the-blank forms, because when you pass, it will be too late to correct the inevitable mistakes.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

If your will leaves the house to your son, and if there is still money due and owing to the lender, then he takes it subject to the loan; he would then either refinance or sell the house with the balance on the loan being paid once it is sold. Why bother adding him to the mortgage obligation right now? If your only concern is leaving him the house, then create a will that does so.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner

While there are some minor problems to overcome, it should be simple to resolve. The easiest is to just make a specific bequest of the house to your son in your Will. Another way is to make a new Deed adding your son in title. This may cost money as the new Deed should reference that there is a mortgage on the house and this could add to the filing fees. Not knowing the mortgage balance and the house value, I cannot estimate the total filing fees. Just to do a new Deed and record it (treating that adding your son is without cost to him) should only run a few hundred dollars, without factoring in the mortgage balance to the filing fee. You have not indicated if your son is to be responsible for any payments of the mortgage balance, and the lender may not be happy if he is just added. That is probably why you were told he must "qualify" and the fee may also cover a new mortgage loan agreement and amended mortgage, plus recording fees for the new mortgage. I suggest a discussion with an attorney familiar with these matters.