Legal Question in Wills and Trusts in New Jersey
deeds
My mother left me her house, she died December 2006. My brother-in-law was named executor and has not transferred the deed to my name. Can I transfer the deed myself or can I get my name added to the current deed without him. Also, he wants my social security #. Would he need that to transfer the deed? I don't really trust him since its been 17 months and he hasn't taken care of this matter.
2 Answers from Attorneys
Re: deeds
I am sorry for your loss.
What you are describing is far too common. Your brother in law, the executor, is in charge of transferring your mother's property, paying her debts, taxes, and other issues. You can not just write a deed to yourself.
It should not be all that hard to have a lawyer write a forceful letter telling him to get moving, and that may be enough to do it.
He may need a good deal more information in addition to your SS#. If you do not trust him, however, smarter to have someone look at it for you.
17 months delay is a long time. However, you wrote December 2006; did you mean Dec 2005?
If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss
this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: deeds
You can't transfer the property yourself but you can compel the executor to perform his duties. The court will help if asked but these matters can usually be pushed along with a letter from your lawyer.
Since you and I are practically neighbors, give me a call. If you remind me that the contact was through Lawguru, the first consultation will be free.
See also: http://info.corbettlaw.net/lawguru.htm