Legal Question in Real Estate Law in New Jersey

Real Estate

My mother had power of attorney over my aunt in 1997 and in 1998 transfer the deed of my aunt's home into her own name. The sale of the house was one dollar. My mother then transferred the deed to me for the cost of one dollar in 2002. My aunt died in 2003 and her will was not probated at the time. My mother died in 2004. I am selling my home and have a closing date. The title search company says that my aunt's will needs to be probated since, in their opinion, my mother, as the fiduciary, acted illegally by profiting through the placement of the deed in her name and in taking four years before transfering the deed to me. Am I wrong in understanding that her act of placing the deed in her name and then into mine was legal since she did not profit from the transaction and that my aunt was alive at the time. Could you cite any relevent New Jersey or federal statutes and or cases?


Asked on 1/30/09, 3:54 pm

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

Re: Real Estate

Whether the transaction was legal or not remains to be determined by a lot of facts that are not apparent by your question. However, the title company is correct that the will needs to be probated. This is necessary in order to convey clear title. Once probated, any heirs may have the right to object to the prior transaction and at that point a Judge would decide the entire issue.

Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a real estate attorney who is also familiar with estates. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 1/30/09, 4:25 pm


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