Legal Question in Wills and Trusts in New Jersey

Re: Am I protected by my mother's Will?

Assuming your mother is the sole owner of the house, if she leaves the house to you in her Will, then it should pass to you upon your mother's death. The deed transfering the house to you would be prepared after your mother dies [to document the transfer per the Will].

Re: Am I protected by my mother's Will?

Theoretically, a Will is sufficient to allow the Executor to Deed the property to you upon your mother's death. Nevertheless, in my experience, people who exclude some children from their estate have a tendency to change their minds and pick new "favorites." A Will can be changed anytime before death.

If you want to be sure the property gets transferred to you, the best course is to have an Estate and Tax lawyer review the Will, discuss the issue with you and your Mom and formulate a plan to assure you get the NJ house.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

Re: Am I protected by my mother's Will?

I agree with the other authors, but caution you that there may be a problem down the road, as your siblings have been excluded from the Will. At some point they may consider litigation against you making a possible claim of undue influence by you upon your mother. I suggest several alternatives: (1) Your mother, presuming she is not incompetent, make a new Deed now adding your name along with hers, (2) she Deed the house to you, reserving a life estate in the property, or (3) your mother establish a Living Trust and transfer the residence to the trust, with you as the ultimate beneficiary. This entire situation should be reviewed by someone, like myself, to give you and her the best protection from future claims by your siblings. Plus, you have not indicated if you pay rent, who takes the deductions for things like real estate taxes, etc. These matters could also raise possible claims down the road. If you need more information or assistance, contact me directly.