Legal Question in Wills and Trusts in New Jersey
Estates and credit card debt
My grandmother passed away recently leaving about $9k in credit card debt. She was 87 and lived with my mother. Both of their names were on the mortgage/deed of their house, but my grandmother only received 10k a year from Social Security and was my mom's dependent. However, I believe the mortgage/deed was joint tenancy with right of survivorship.
My question is: if the deed is JT w ROS is my mother's home considered part of my grandmother's estate from which she will have to pay off this credit card debt? Or does the house become my mom's only and cant be touched by creditors? I'm worried my mom will have to pay off this debt when she if financially unable to and there were no other assets in my grandmother's estate. I dont want my mom to lose her home or be forced to take out a HELOC to pay off my grandmothers debt. Any advice would be GREATLY appreciated!!!
Thank you..
2 Answers from Attorneys
Re: Estates and credit card debt
If you are correct that your grandmother and mother were joint tenants, then the title to the realty passed automatically upon your grandmother's death and is not subject to the claims of her creditors. Your mother won't even need to re-deed the property, but she should obtain a sealed original of the death certificate for later use.
Re: Estates and credit card debt
Assuming you are correct that ownership was a legitimate JTWROS, then the property passed to your mother at the moment of grandmom's death and free and clear of grandmom's debts and liens. A lien can only attach to the greatest "estate" the debtor held and in this case her "estate" or the nature and extent of her ownership of the house was only for her lifetime unless she survived your mother. Since she didn't, the judgments of those credit card companies ceased to be liens on the property.
The reason I mentioned a "legitimate" JTWROS is that it is not uncommon for people to use a Deed to make sure a property goes to a particular person rather than a Will that can be used to transfer any and all kinds of assets but can also be changed whenever the Testator (the person making the Will)wants to do so absent a contract prohibiting it.
If this house had been solely owned by grandmom for say, 40 years and 10 years ago she had a new Deed prepared adding your Mom as the joint tenant, any liens against grandmom at that time would remain liens on the property. By the way you describe the relationship that does not apear to be the case but it could happen that way.