Legal Question in Wills and Trusts in New Jersey

Re: my mom just died and owned a home how do i get tranfer the home to my name

If there was no will and you are the only child New Jersey's law of intestacy makes you their heir. Your parents owned the house together as man and wife so the survivor already owned the house; it did not pass as part of the deceased spouse's estate because husband and wife each own the entire house and when one dies that spouse's interest in the house dies which him or her, leaving the surviving spouse as the sole owner of the house. It is the estate of the surviving spouse which owns the house.

If you are their only child and there is no will you need only go to the county surrogate's office in the county where they resided and apply for letters of administration. With the letters you will be authorized to deed the house to yourself. You will need an attorney for all of this.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: my mom just died and owned a home how do i get tranfer the home to my name

If you mother had a will, that needs to be probated in order to settle her estate and transfer title to her home to the person or persons named in her will.

If she had no will, someone will need to qualify as the Administrator for her estate. As a surviving child, you would be entitled to serve as administrator. The administrator would settle her estate and would also have the power to transfer title to her home to her intestate heirs. You don't say if you are the only child...if there are siblings or nieces/nephews who also survived your mother, they would be entitled to a share of the estate, including the home.