Legal Question in Real Estate Law in New Jersey

Can I use a quit claim deed to transfer property from my father to me. My father passed away 10 years ago (my mother passed away 16 years prior to that and everything went to my father). I am the executrix and listed in the will to receive the property. The property was purchased in 1981 by my parents solely for me to live in, and I have lived there since 1981. My only sibling wants no claim to the property. The ownership was never transferred when my father died. If this form can be used, who would the Grantor be and what date would be used for transfer?


Asked on 11/29/17, 12:14 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The property should be transferred from the Estate of [your father's name], Deceased, by the Executrix. Was the estate administration completed? Were all taxes, inheritance, estate and income taxes paid? were all distributions from the estate made? was an accounting filed? If the property was left to you in the will, your sibling's desires are irrelevant. Why wasn't the property transferred during the course of the estate administration? It is better form to use a Fiduciary Deed, and the date is the date when the Deed is executed. Other forms must also be completed for recording. Consult the estates attorney who assisted with the estate administration.

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.

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Answered on 11/29/17, 6:24 pm


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