Legal Question in Wills and Trusts in New Jersey
Leaving Property in a Will
If 2 names are on a deed (husband and wife) can one of those parties leave ''thier share'' of the home to another party upon their death or must the property all go to the other person named on the deed?
2 Answers from Attorneys
Re: Leaving Property in a Will
It depends on the language of the deed.
Typically a husband and wife's interest is merged and the property goes to the survivor. If that is not what they want the deed should be changed to reflect what they want to happen.
Good luck to you.
Re: Leaving Property in a Will
Normally, when a married couple buys a property together the deed is titled "John Smith and Mary Smith, Husband and Wife." In New Jersey, this is called a "Tenancy By The Entireties." This is very similar to a Joint Tenancy with the Right of Survivorship. This means upon the death of one spouse the property becomes fully vested in the other spouse by Operation of Law. This happens automatically regardless of the terms of a Will.
I hope this helps!
Ron Cappuccio
www.saveyour estate.com
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