Legal Question in Real Estate Law in New Jersey

My mother-in-law has expired. She has 3 daughters and one one Son (my husband) She has a house in her name. she has typed a will on the stamp paper syaing that my husband has a full right on the property and some fixed amount should be given to each daughter during the time registration.

But someone said it looks like the will is not registered. Is there something the will needs to be registered in order to take effect legally? If that is the case who will be the legal heir on the property although the stamp paper says my hus band has the full right.

Thanks


Asked on 4/01/10, 3:49 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

There is not enough information in your question to be able to answer same fully. In short, it depends on the validity of the "will". An attorney could likely tell you whether the will is likely valid or not by looking at it. Assuming it is valid, it would need to be probated (not registered) in order that the terms can be put into effect. You should quickly consult with an attorney.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, if you have any further questions, you should contact an attorney discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 4/06/10, 3:58 pm
John Corbett Corbett Law Firm LLC

To be given effect, a will must be admitted to probate. That means that is presented to the Surrogate of the County in which the decedent resided at the time of her death who will then examine the document and determine if letters authorizing someone to administer the estate will be issued. Stamp paper has no significance for New Jersey probate law and there are formal requirements for determining if and when a will is adequatly proved. Based on the information that you have provided, it is not likely that this matter could be resolved without a lawyer. Contact one who handles wills and estates on a frequent basis for help with this matter. � See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/07/10, 7:17 am


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