Legal Question in Wills and Trusts in New Jersey

I've inherited a property which was the residence of an uncle.

The property is also the location where a non-profit (501c3), affiliated with my uncle, has operated for 25 years.

I wish to have the non-profit continue to operate at the location according to my uncle's wishes.

He also wanted the property to be preserved.

To accomplish both things, I wish to deed the property (and its contents) to the non-profit.

I don't have 100% confidence in the non-profit in its ability now or in the future to sustainable and handle property costs.

I don't want the non-profit to fail and result in the property being lost to another entity or non-profit.

If it does fail, I wish that it would revert back to me or my remaining family.

Is there an efficient way to carry this out to satisfy/benefit both the non-profit and me?


Asked on 12/27/16, 7:19 am

2 Answers from Attorneys
Miriam Jacobson Retired from practice of law

Yes, what you are seeking is a deed to the non-profit spelling out the reverter. Consult a real estate lawyer to prepare the deed with the appropriate language.

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.

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Answered on 12/27/16, 7:27 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Miriam that the Deed should contain reverter language so that if the charity fails to continue or the property cannot be maintained and its loss is at risk, the property can revert back to you. There may be tax consequences to you if and when the reverter occurs. Also, since contents are involved, this may complicate things as their use can be terminated independently of the real estate, More information needs to be known to provide a complete answer.

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Answered on 12/27/16, 11:25 am


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