Legal Question in Wills and Trusts in New Jersey
Property agreement apart from last will & testament
There is a Property Agreement between my Dad and his girlfriend for house they purchased. House in her name. Says (Upon the death of either, the survivor can remain in home for 15 years, or sell and pay 50% to the ESTATE of the deceased. The intension was it go to either parties children which she does not deny. As Executor she did not submit into probate, with other assets, saying it is a private matter. Past 9 month deadline and taxes are paid. When estate closes, will we have any way to enforce this document, if she doesn't pay or dies, other than to re-open the estate? Is that difficult to do, heard that is costly, and can take a while, especially since she didn't turn it in, which should make her think twice about her obligations. Just want to protect my interest.
2 Answers from Attorneys
Re: Property agreement apart from last will & testament
This sounds like a poorly executed plan. At a minimum, the 'agreement' should have been contained in each spouses Will, so that once probated, there would be a record of the title issues associated with it. Failing that, there should be a new DEED prepared for the house which incorporates the terms of the agreement.
Re: Property agreement apart from last will & testament
It would help to know whether the property was held by your Dad and the girlfriend as tenants in common, joint tenants, or solely by your father. The Property Agreement may be binding, or it may not. It would have to be reviewed to really make that kind of determination. Depending on how the property is held, the property may have had to have been included in the estate. You really need to consult an attorney with a copy of the documents and the last deed.
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