Legal Question in Wills and Trusts in New Jersey
Grandmother died left house to aunt, aunt dies who gets house?
My grandmother died almost 10yrs ago and she left her house to my aunt( instead of my father).Well my aunt( who is legally married, I guess?) just died 4yrs, so who does the house go to now? But let me add the deed to the house (which was in my grandmother's name ) Was just tranfered from her( my grandmother) name to my aunt' sand her husband in 2001- 3yrs before my aunt died, I guess what I am asking is, what can my dad and I do to get my grandmother's house. are their any limitaions to how long you have to transfer a deed after death?
2 Answers from Attorneys
Re: Grandmother died left house to aunt, aunt dies who gets house?
I had a hard time following your question, but assuming that your grandmother left her house to your aunt (10 YEARS AGO)...it's pretty clear that the house was your aunt's property to do with what she wished (if you or your father had a problem with your aunt getting the house, the time to raise that issue was 10 years ago, not now).
If your aunt deeded the property into her and her husband's names jointly, and he survived her, then her husband now owns the house.
Re: Grandmother died left house to aunt, aunt dies who gets house?
Without seeing the original Will, and having read Jon's reply, let me add the following, as Jon's reply appears to be correct. You are probably time-barred from taking any action now, 10 years later, unless there is some reason a Court will accept to allow you to do something today. It appears your grandmother left the property to your aunt and a Will usually acts as a Deed, so there is no time limit on when a real Deed need be recorded. For title reasons a real Deed should be recorded, and it appears your aunt did this, albeit a few years later. As the sole owner under the Will she could title it any way she desired, and it seems she did by placing her husband's name on the Deed she recorded. There are many questions as to what the Will said: was your father mentioned in it, did he receive other assets from your grandmother, was undue influence used by your aunt on her mother to write the Will as it was written, who was the Executor, and other questions? As Jon said, waiting 10 years to raise any questions probably would prevent your father from raising any claims now.