Legal Question in Real Estate Law in New Jersey

You and your sister or whoever was named as executor in the will need to probate the will and administer the estate before transferring any assets out of the estate or out of your mother's name. If there was no will, the estate still must be administered. You may get the application papers at the Surrogate's Office in the county where she resided at the time of her death.

When you get to the point of deeding the property, if you don't have to sell it to pay your mother's and her estate's debts, compensation refers to what was actually paid - in your case, it would be "nominal consideration", which you would put on the deed as $1.00. There are documents in addition to the deed that you will have to complete in order to record the deed, and you will also need documents from NJ about the estate and inheritance taxes, so that there won't be problems later on when you refinance or sell the property.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

You really should get help from an attorney.

call me and we will talk it over,

Robert Davies, Esq.

201 820 3460