Legal Question in Real Estate Law in New Jersey

Re: Transfer of deed from father to child

Your brother has no right to the property at this time. Since you father conveyed the property to your during his lifetime, the question becomes whether he was competent to convey the property at the time. Because the will shows a different intention, your brother could assert rights at the time the estate is probated. You could avoid this risk by having your father change the will, in the presence of a physician. The physician could then give a statement as to your father's competency when the will was changed.

Re: Transfer of deed from father to child

By transferring the property to you prior to his death, your father has effectively changed his estate plan. The will's direction only occurs for items that are there at the time of death. Since his transfer to you is effective upon the signing of the deed, there is no house to be "divided" between you and your brother once he dies. You have no obligation to pay your brother anything and your father has no obligation to leave your brother anything upon his death. 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 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

Re: Transfer of deed from father to child

If your father is competent and there was no undue influence exerted upon him by you to transfer the house to you, your brother should have no rights. If this is your father's true desire (that you get the house now, or upon his death, free and clear from any claims of your brother) I suggest several things: Have your father prepare a new Will changing the bequest of the house or explaining the change. Before the new Will is executed (signed), have him examined by his regular doctor to verify his competency, and have the doctor become a witness to the new Will. This may sound like being over cautious, but it could prevent nasty litigation in the future. Your father should also write a letter (have it notarized) explaining why the Deed transfer took place. You do not say if he has other assets. Perhaps leaving the bulk of them to your brother would ease his anger at this time.