Legal Question in Wills and Trusts in New Jersey

Homestead rebate/homeowner's insurance

This is a two-part question. 1. I have two siblings. My

father's will states that I can remain in our home until I

marry or decide to leave. The house will then be sold

and divided equally among the three of us. According to

the will, I pay all taxes, repairs, etc. on the home. There

is no mortgage or liens on the house. The house and

tax bill are in my father's name. He passed away

August 29 and paid the property tax. Since I'm paying

the taxes now, can I apply for and receive the

homestead rebate? 2. The homeowner's insurance is

also in my father's name. If someone is hurt, can I be

sued or is the estate sued?


Asked on 2/08/04, 6:11 pm

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Homestead rebate/homeowner's insurance

As far as the Homestead Rebate, probably not. It was meant for the owner who is living in the house. Technically, you are not the owner.

As to the question of insurance, if you keep the house as is then you should have your own insurance and the estate should have insurance. If you put the house in the three names subject to your right to live there, you can have owner occupied insurance which should be much cheaper. If you plan on staying for longer then one year you should change the deed. It would be better for you to see an attorney with a copy of the will and the deed. If I can help, please call for an appointment.

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Answered on 2/09/04, 12:35 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Homestead rebate/homeowner's insurance

Complicated answer. Perhaps it would be best to Deed the house to the estate. This should allow the Executor to apply for the homestaed rebate and also to obtain new insurance. Alternatively, you could put the Deed in all siblings names, subject to the terms of the Will (you might need an additional written agreement between you to cover items like operating expenses (taxes and such), the rebate and insurance. If you need help in preparing the Deed, contact me.

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Answered on 2/08/04, 10:15 pm


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