Legal Question in Real Estate Law in New Jersey

Re: life estate and possible contesting of will

it depends. Was the life estate created by document. Is the house left to you in the will? These are important questions

Re: life estate and possible contesting of will

If there is a deed with your name on it, you probably are in good shape. If your dad has died, his estate needs to be probated. You should see an attorney with all the documents you have as soon as possible. Your brother can sue, but if there is a deed with your name on it, he can only win if he can prove undue influence by you in having your father sign the house over to you.

Re: life estate and possible contesting of will

I presume that title was passed by the recording of a new Deed, rather than just a bequest under Dad's Will? I am also presuming that Dad was competent when he signed the new Deed. The passage of 10 years works to your advantage, as does the fact that you have been contributing to the upkeep and maintenance of the house. I suggest you keep records of all funds you have and continue to expend, as they will be needed if there is an ultimate Will contest when Dad dies. Any interested party can bring a Will contest, but that does not mean ot will be successful. The more prepared you are to defend it (which is why I am suggesting keeping good records like cancelled checks for all bills you pay or funds given to Dad), the better and easier your defense will be. If you are giving money to Dad, I suggest you change this and pay the bills directly (like real estate taxes, homeowners insurance, utilities, etc.), so you have proof of your contributions. While this is a somewhat complicated matter (I am currently involved in 2 contests on this issue), the more documentation you have when the matter is raised, the better for you. You do not say what is in Dad's Will, on how the balance of his assets will be split when he dies, and I also suggest that he consider revising his Will to comment on this situation, so it is there if the matter arises in the future. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship.