Legal Question in Wills and Trusts in New Jersey

Re: Deed for an estate

Since your father died intestate (no Will) all of the children were entitled to a share of the house, unless they renounced their right in favor of your brother. If the Deed was only from you, as Administrator, and there was no renunciation from the other children, the Deed should have come from the other children (and their spouses if they are married) as well as you and your spouse, if married, with you signing both individually and as Administrator. Without a Renunciation on file with the Surrogate or any mention of it in the Deed, if one was filed, the title company is correct. There is nothing in the chain of title extinguishing the remaining children's rights in the house. One of 2 things must be done to correct this: (1) All heirs (the children), their spouses, if married, and you, plus your spouse, if you are married, with you signing personally and again in your capacity as Administrator, and this new Deed must be recorded to put title into your brother's name. This new Deed will transfer the missing interests to your brother and allow the title company to insure the mortgage. (2) If you still have time, as it must have been filed within 9 month's of your appointment as Administrator, have the remaining siblings (including yourself) file a partial Renunciation with the Surrogate, renouncing their interests in the property in favor of your brother. Then, record a corrective Deed from you as Administrator, mentioning the Renunciation in the Deed. Thus, in either case, a new Deed must be filed. Note: in either case, the transfer to your brother will be a gift from the remaining heirs (possibly not taxable). You do not say if there were other assets in the estate. If there were, and the brother getting the house exchanged his right to get the house for a share of the other assets, then a gift may not be involved and it could be a sale between the siblings. More information on this aspect is required. In any event, you should issue the corrective Deed, as explained above. It appears that the attorney you used is not familiar with estates and probate and should have known what was required, which was that more than a Deed from you was required, even if the original Deed was signed by you as Administrator. The expanation for this is quite simple but too long for this reply. If you need assistance correcting this problem, feel free to contact me directly and I can assist you.

Re: Deed for an estate

The reason that you are confused is that you are attempting to work without an attorney to assist you. You should immediately retain an attorney to assist in this. The attorney's fees may be payable out of the estate proceeds. Please contact me, see below, if you wish to discuss retaining me.

You stated that you had an attorney to transfer the deed over to your brother, however, apparently, that attorney is no longer "in the picture", for whatever reason.

Perhaps the title co. is simply incorrect here. Is there some particular reason your brother can't go to a different title co.? That might be the easiest solution.

Otherwise, if the title co. wants you to do something to make the deed acceptable, you need to find out what it is, specifically, in writing, and then do it. Most likely, this will involve preparation of a substitute deed of some kind, or perhaps having all your siblings execute quitclaims to your brother.

Again, consult an attorney immediately before taking further action.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]