Legal Question in Wills and Trusts in New Jersey
Deed of house in estate
How can you tell how a deed is made in nj? It just states the names of two owners with nothing else mentioned in reference to joint tenancy or tenants in common. The two people were married before they died but it was not mentioned on the deed. My Dad passed without a will, my Mom passed 3 years later with a will and only states her estate or her assets but the deed was never changed to just read my Moms name. I think my Dad had the deed set up so that his half would go to his heirs when he passed not to his wife. How would I know what is to become of the property? This we are not sure of because the house was never sold or the deed changed.
2 Answers from Attorneys
Re: Deed of house in estate
I would need to review a copy of the deed and your mother's will to give you a complete answer.
However, if the deed said that the owners were "A and B, husband and wife" then title was held by your parents as 'tenants by the entirety' and title would have passed to your mother at your father's death, and then through her will to the beneficiaries named in her will.
Re: Deed of house in estate
If they were married the time they acquired title, it would have created a Tenancy by the Entirety. Since your Mom died last, her Will controls. If they married after they acquired title, it would be a tenancy in common and each estate owns one-half.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
