Legal Question in Real Estate Law in New Jersey
Mother deceased need to put house in daughter's name
A mother left her home (paid for - no mortgage) to her daughter. Daughter has been paying the taxes but would like the deed put in her name to get the tax credits and to take out home equity loan. What form do we need to file (NJ). Thank you
2 Answers from Attorneys
Re: Mother deceased need to put house in daughter's name
The daughter needs to file an Inheritance Tax Return with the State to get a tax waiver in order to transfer the property. Then a deed needs to be drawn and filed with the county. You should contact a lawyer to do this. Was the mother's estate ever probated (i.e. was the will filed with County Surrogate?). We can help you, if you call us.
Re: Mother deceased need to put house in daughter's name
Was the Will probated? You need a deed from the estate to daughter. You also need an Affidavit of Consideration and Statement of Residency to be recorded with the Deed. I will be glad to assist you if you care to give me a call.
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