Legal Question in Wills and Trusts in New Jersey
Fiance and I own a home deeded as : JTWROS. He passed away in November. Lawyer is asking for mortgage info and to have house appraised. I thought this house would pass to me outside of probate ? Why is she including in total estate amount ?
3 Answers from Attorneys
It should pass to you outside of estate .If you need legal counsel please contact my office.
The property would pass to you automatically as the surviving joint owner....however, the home will be taxable in you fiance's estate. Therefore, the executor will need an appraisal of the house and the value of the mortgage as of date of death.
NJ has an inheritance tax, so because the two of you were not married yet, there will be a 15% tax on what he left you despite the fact that the house passes outside of probate. This must be paid within 8 months of death. You should really be having this conversation with your attorney though.
Kevin A. Pollock, J.D., LL.M.
www.PollockAtLaw.com
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
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