Legal Question in Wills and Trusts in New Jersey
My aunt died and my cousin( that my aunt had in her will as executor)signed the title over to my daughter, but we found out that she cant change the title over. there was no legal documentation except for her will . And my cousin lives 1000 miles from us.
1 Answer from Attorneys
If the Will has been probated and the cousin has been officially appointed as Executor, he has the authority to sign a Deed transferring ownership as the Will provides. Call the Surrogate's Court in the County/State where your aunt died and see if the Will has been probated and the Executor qualified. If not, call your cousin and see that the Will is properly probated and he has been properly qualified. A official copy of the Surrogate's Certificate evidencing the appointment verifies his authority.