Legal Question in Wills and Trusts in New Jersey
Deeding of a House
I recently discovered that, in 1991, my now-91-year-old mother deeded her most signifciant asset, her house, in which my sister and her aldult children have and still live, to my sister while maintaining her right right to live there, if she desires, for the rest of her life(I forget the legal wording). I believe this was my sister's idea and, while I understand the rationale for such a move, I believe my mother did not recognize that she essentially disinherited me and my son, her grandson, in favor of my sister, her son and her now-married daughter (AND my niece's husband of two years). The lawyer who handled the execution of the paperwork, I believe, previously represented my sister in her divorce and may not have even known that my mother had another child and grandchild. As far as I'm concerned, my sister can live in that house for the rest of her life. However, I am very hurt that my family and I have been disinherited. Do I have any recourse at this time? ...What about when/if my mother pre-deceases my sister and me? ... or it my sister or I pre-decease my mother?
1 Answer from Attorneys
Re: Deeding of a House
If you believe that your sister exercised undue influence over your mother at a time when she was sickly; disabled and greatly weakened you can sue to set asise the conveyance, with an exception to the statute of limitation because you only learned of the conveyance.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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