Legal Question in Wills and Trusts in New Jersey
I'm the executor of my father's will. He left a one third share of a house to my brother's three adult children. My brother was excluded from the will. The children want to give their share to my brother. Can the childred sign a release and refunding bond and then can I have a new deed prepared to included my sister on the deed or does a new deed need to be prepared with the three children on it and then another deed transferring the share to my brother. Thanking you in advance for any help.
3 Answers from Attorneys
To protect you as the executor [from future claims that you did not carry out the terms of the Will] you should deed the 1/3rd interest in the property to the three children.
What they decide to do afterwards it up to them.
If the children have actually and timely filed their release and refunding bonds, showing they have received their share of the house, I suggest two Deeds be used. The first showing that the Will requirements were satisfied by having the Will devisees named in that Deed. The children (and their wives if they are married, and I recommend they be included) can then do a second Deed transfering their interest to their father. This is cleaner, although more costly as two recording fees will have to be paid, then a Deed just to the three children of your father, reciting how your brother was included in the Deed. Having the children's (and their wives, if needed) signatures makes a future title search simpler and also eliminates anyone raising an issue later on. Contact me directly if you need assistance.
Call me, I can solve this problem, it is not too difficult.
No, you should do what the Will says. However, I can help you and them to fix this.
Robert Davies, Esq.
201 820 3460
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