Legal Question in Real Estate Law in New Jersey

Re: Real Estate-Surviving Spouse

Hi:

If what you are saying is accurate, then by operation of law, upon your fathers passing your mother is the surviving owner. I am sorry for your loss. You should not have to do anything but to be on the safe side you should call a local title company in the area and ask if they require any additional documents.

Good Luck

Re: Real Estate-Surviving Spouse

New Jersey regognizes tenancies by the entirety. In fact, it is the assumed form of tenancy if title is taken by a married couple without electing otherwise. New Jersey law would apply to property situate in New Jersey.

By the nature of tenancies by the entirety, when one spouse dies survived by the other, title passes automatically by operation of law. Nothing further is required. When the property is sold, the buyer and the title company will require proof of death (usually in the form of a sealed death certificate) and may also require an affidavit from your mother or some other knowledgable person certifying that the marriage was still in effect at the time of death.

See also: http://info.corbettlaw.net/lawguru.htm

Re: Real Estate-Surviving Spouse

I have read what the other attorneys have written.

There are probably other issues in addition to this issue, which your mother will need a lawyer's help with. Find someone near you who does this kind of work, estate administration.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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