Legal Question in Wills and Trusts in New Jersey

Re: help

Most likely, you and your brother owned the house as tenants in common. If so, half the house would be in your brother's name and in his estate.

The will must be probated in order to vest title to his half of the house in your name. In addition, half the value of the house would be taxable in your brother's estate, and an estate and/or inheritance tax return must be filed. It is very likely that a NJ Inheritance tax will be due. The tax must be paid before the house can be transferred into your name.

Re: help

I concur in the thoughts of the other writers, recapping as follows: (1) Unless the original Deed described your ownership as joint tenants with rights of survivorship (which would automatically make you the full owner), a new Deed from the Executor making you the sole owner is required. Even if the former is the case (you are the sole owner by survivorship) I suggest you file a new Deed (from yourself as surviving joint tenant to yourself), just to clear title for a future sale or inheritance. (2) There may be an inheritance tax, or even a federal estate tax, issue which depends upon the total size of your brother's estate (NJ Inheritance Tax is due on your share, if your share of his estate exceeds $25,000) and clear title requires this tax be paid. Please contact me directly if you need assistance. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

Re: help

You will need to probate his will and file an executrix's deed (pursuant to the recorded will) granting his one half interest in the property to you. You will need to perform a final accounting, give notice to creditors mand take other steps to make the transaction legal. I recommend you seek assistance from counsel; I can recommend someone if you wish.

Re: help

If the deed makes you you joint tenants with the right of survivorship you only have to do a deed to yourself. Otherwise the executor of your brother's estate has to deed your brother's interest in the house to you. If you are the executor you can deed the house to yourself on behalf of your brother's estate.

First of all your brother's will must be probate by being filed with the Surrogate of the county where he lived at the time of death. See an attorney.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com