Legal Question in Wills and Trusts in New Jersey
Mom signed house to Sis for $1. Does Son have rights to share?
Dad passed away Nov '06. Mom signed over house to Sis for $1 in Feb '07 (according to tax assessors records) without telling Son. Is Son entitled to a portion of Dad's share? What rights does Son have?
1 Answer from Attorneys
Re: Mom signed house to Sis for $1. Does Son have rights to share?
Not enough facts are presented for an accurate answer, as I have not seen the Deed and/or if Dad left a Will and what it provided. If house was titled between Mom and Dad, the usual thing is that Mom owns the house entirely herself upon Dad's demise. Depending on how other assets were registered and what beneficiaries were designated on things like life insurance and retirement plans, Mom probably got them also. The real question is why Mom deeded the property to sister for only $1.00. This may be valid, or may be contested if there was no valid reason and daughter exercised undue influence to get Mom to do this. As stated above, more information is needed to provide a better response.