Legal Question in Wills and Trusts in New Jersey

I am the executor and sole beneficiary for my mother who passed. I have the current deed, death cert and will. It has been probated and I have the short certificate. Do I deed it to myself?


Asked on 12/10/12, 9:24 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

When you say "I have the current deed", do you mean that you have the original or a copy of the deed to your mother, or is title already in your name?

Are there other legal heirs of your mother?

Is there a mortgage on the property? You may need the consent of the mortgage holder for the deed transfer.

If you do not yet have legal title and there are no other heirs, you may deed the property to yourself. You will be acting as Executor of [your mother's name], deceased. The deed must contain recitals showing how the title comes to you.

I recommend asking a lawyer to prepare the deed. There are transfer tax documents that must be filed with the deed, and you don't want to cause problems with a DIY deed that will come up to bite you later if you refinance or sell the property.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 12/10/12, 10:44 am
Walter LeVine Walter D. LeVine, Esq.

While I agree with Miriam, as the sole heir all you need to do is prepare and record an Executor's Deed from you, as Eceutor, to you, as the heir. There are additional forms that need to be attached to the Deed, so an attorney should be consulted to assist you.

Read more
Answered on 12/10/12, 6:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey