Legal Question in Wills and Trusts in New Jersey

Re: Deed Will Issue

Based on your question, the Will language may not be important, because the house was gifted to your sister in 2002 (five years prior to your mother's death). The key is whether or not the 2002 gift was valid. There is a presumtion that it was. If someone were to challenge the validity of the 2002 gift, they would have the burden of proof to show that the gift was improper (i.e. there was undue influence, lack of capacity, etc.).

Re: Deed Will Issue

I agree with the previous poster - the important issue here is the validity of the gift - it appears the gift took place after the will was executed - the will was not updated but the Deed controls unless there was another agreement saying that she would pay market value at a future time.

Also there is a presumption that the gift was valid - it appears it was based ont he majority of the family agreeing with the gift.

Re: Deed Will Issue

I concur with the other authors that the subsequent Deed makes the Will provision null and void, and also concur that questions on the validity of the gift exist and could lead to a Will contest or litigation involving the Deed. On the face of things, it appears questionable what motivated Mom to make a Will saying one thing and then doing something different shortly thereafter, without saying anything to anyone or changing her Will. While what she did may be legitimate and logical, it does raise questions.