Legal Question in Wills and Trusts in New Jersey
Change title or deed of the house
My mother passed away last year, and her will was filed at the County Surrogate. Is there a need to change title or deed of the house to my name or any of my siblings name being her executors? If there is, where and how should I go and do that. None of our names appear on the house deed. We have been paying the mortage and we are not sure if we are going to sell the house or not. Thank you for your time and advice.
3 Answers from Attorneys
Re: Change title or deed of the house
While the probated Will operates to change ownership in and of itself it is insufficient for title search purposes so preparing an Executor's Deed is best. While forms may be available at any stationery store (Staples, Office Depot, etc.), the best is to have an attorney assist you, so that all required information is included and title is properly spelled out. If you need assistance contact me directly, as there are ancillary forms required to be attached to the Deed so it can be recorded, and these forms are not included with the Deed form you can get commercially. There are also recording fees (based upon the number of pages involved), but no requirement for a realty transfer fee. My fees for this assistance will be highly competative.
Re: Change title or deed of the house
While the probated Will operates to change ownership in and of itself it is insufficient for title search purposes so preparing an Executor's Deed is best. While forms may be available at any stationery store (Staples, Office Depot, etc.), the best is to have an attorney assist you, so that all required information is included and title is properly spelled out. If you need assistance contact me directly, as there are ancillary forms required to be attached to the Deed so it can be recorded, and these forms are not included with the Deed form you can get commercially. There are also recording fees (based upon the number of pages involved), but no requirement for a realty transfer fee. My fees for this assistance will be highly competative.
Re: Change title or deed of the house
Your mother's estate has to be administered, including paying all debts, income, inheritance and estate taxes due.
Administration, when there is a will, is only started by filing ["probating"] the will with the Surrogate in the County where the deceased resided. Then the executor or administrator has to follow steps required to give notices to the heirs and/or beneficiaries under the will, etc.
You or the executors probably want a lawyer's assistance to make sure that all of the administration is correctly completed.
When the estate debts, including all taxes, have been paid, the Executor under the will should deed the property to the person who inherited it.
The title to the house should NOT be transferred to the Executor.
You may call me for a consultation. I am also able to meet with clients in NJ, if they prefer.
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