Legal Question in Wills and Trusts in New Jersey
House Title
My deceased parents owned a condominium that still had a mortgage. Is it possible for their children to have their names added on to the title of the property?
2 Answers from Attorneys
Re: House Title
How recently did your parents pass away? Generally, the surviving family must either probate the will (or if there was no will, administer the estate) through the local surrogates court. Through this process, the family can transfer titles to real estate to the appropriate family members.
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Re: House Title
By virtue of being the survivors of your parents, you become the new owners. If a Will was probated, the appointed executor(s) merely need to prepare and record a new Deed naming the children as owners. Some arrangement must also be made with the bank to have the new owners continue the existing mortgage. If there has been no probate, one must be done to have an estate representative appointed to sign the new Deed.