Legal Question in Wills and Trusts in New Jersey

My mother-in-law currently has in her will that if she dies, the siblings divide her house. She is the current owner and the house is paid off.

She is thinking of giving the house to one of her sons. Changing the deed from her name to his name for proof of full ownership.

If she dies, can the other siblings come after the house, even thought it is no longer in her name because it's in her will?


Asked on 11/01/09, 9:19 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Assuming that your mother-in-law is not under any undue influence, and is otherwise competent to sign the deed, she is certainly able to change the title to the house however she sees fit, regardless of whatever her current will might say [and she can always change her will to follow what the deed says].

Beneficiaries can and often do contest wills or lifetime gifts. That does not mean they will be successful however. If the lifetime gift is valid, the beneficiaries will not have much to stand on.

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Answered on 11/09/09, 9:22 am
Robert Davies The Davies Law Firm, P.A.

Can they file a lawsuit? yes they can. I am the attorney for some very nice people who are currently defending a lawsuit very similar to this. It has cost my clients thousands and thousands of dollars and the end is not yet in sight.

Your Mother In Law needs to plan this carefully with an attorney's assistance, to reduce the chances that the unhappy siblings will pursue a lawsuit after she dies.

Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/09/09, 9:58 am


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