Legal Question in Real Estate Law in New Jersey

transfer of ownership of home

My mother, sister and I are listed on the deed to our home as equal owners. Both my mother and sister have died without a will and I need to know if ownership transfers to me. I have been taking care of the maintenance, etc. for most of the 38 years we lived here. I have two brothers and one sister. What do I have to do to find out whether I am sole owner or what I have to pay to keep my home. If I have to do that , I would have to sell the house and I would not then have enough money to buy another home. Any help would be appreciated.


Asked on 5/01/09, 9:04 pm

3 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: transfer of ownership of home

You are not the sole owner. Since there was no will, your mother's and sister's share of the house is divided according to the intestate succession statutes. To keep the house and acquire full ownership, you will need the cooperation of your siblings and some work by an estate lawyer. So find a lawyer in your area who handles estates and make an appointment. Do that now before you have a problem.

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

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Answered on 5/01/09, 10:03 pm
Richard Vallario Richard W. Vallario Law Office

Re: transfer of ownership of home

Your question can be answered quickly but only by seeing the Deed. Most joint ownership is set up so that each deceased owner's share passes to his or her heirs. Less frequently, it is set up so that the deceased's interest passes to the survivor. So have an attorney review the Deed and you will have your answer.

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Answered on 5/02/09, 8:48 am
Salvatore Principato Salvatore Principato, Attorney at Law

Re: transfer of ownership of home

The deed actually holds the answer. If the property is held as joint tenancy with rights of survivorship, it passes upon death of the remaining joint tenants to the survivor. If it is tenants in common, then the other tenants' share passes to their heirs upon their death according to will or intestacy. Get one of these fine lawyers to help you to flesh out this issue.

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Answered on 5/02/09, 9:54 am


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