Legal Question in Real Estate Law in New Jersey

names on deed are deceased

Mother and son on deed.They aer both dead. Wife of son alive and sells house. The other son of mother wants a share of the money. No will was made out from mother. Will was written by husband stating his wife. Who has rights and how much?? Does the other son have a portion and if so how much 50% or only 25%? Thank you for your help!


Asked on 1/27/05, 7:28 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: names on deed are deceased

It depends on the way the deed is worded. It could be "joint tenants with right of survivorship" or it could be "tenants in common", which would mean the heirs of each person receive the share of the person who died. In any case, you should get a lawyer to review the deed before an opinion can be given. 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. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Read more
Answered on 1/28/05, 8:29 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey