Legal Question in Wills and Trusts in New Jersey
change title or deed of the house
My father passed away last year, and his will were probated at county courthouse soon after. Is there a need to change title or deed of the house to my mother's name only? if there is, where and how can she go and do that. Both of their names are on the house. They been married for 40 years, this is the only house they own and have no mortage. She is not planning to sell the house anytime soon. Thank you for your advice.
2 Answers from Attorneys
Re: change title or deed of the house
Your father's estate needs to be administered -- not only filing the will with the County Surrogate. This includes paying all debts and taxes on your father's estate. The Surrogate's office may be able to provide you with some guidance.
The will says who will get property owned by your father.
Only after all of the rest of the steps are completed may any property be transferred.
Your mother may already be the sole legal owner of the house, depending on how the deed to your father and mother reads. The County Clerk/Recorder of Deeds may be able to look at the deed and explain this to you.
Re: change title or deed of the house
There are still many reasons to probate the estate and transfer title. Although she is not considering selling the property, has she considered placing it in trust? It would still be "hers" while she is living, but will have a lot of benefits (like not being a reachable by potentail creditors, such as long-term medical providers). We can discuss the process if you'd like.
Michael A. Berman, Esq.
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