Legal Question in Wills and Trusts in New Jersey

My Mother In Law passed away in New Jersey. She owned a home with her husband and both names are on the title / deed.

The house has a market value of $180,000. How is the house treated as counting toward the New Jersey Estate Tax limit of $675,000.


Asked on 12/09/16, 9:05 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Condolences on the loss of your mother-in-law.

The inclusion or not of the house in her estate depends on the exact wording in the deed. If it created a tenants by the entirety, the house became the property of her husband automatically on her death without passing through her estate. If a tenants by the entirety was not expressly created by the wording in the deed, it probably is included in her estate. To be certain, the Personal Representative named in her Will, or if she did not have a Will, whoever is appointed to administer the estate by the Surrogate's Office, should consult a local estates attorney.

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Answered on 12/09/16, 10:08 am


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