Legal Question in Wills and Trusts in New Jersey
real estate deed
Please, I need your advice. My mother and my Aunt own a house. My mother lives in the house in New York. My aunt lived in New Jersey. In 2006, my Aunt signed the deed transferring her entire interest in the property to my mother. My Aunt had recently entered in to a Domestic Partnership in the State of New Jersey, with her male companion of 40 years. My Aunt was 82 when she died last week. Her domestic partner is also in his 80s.
The issue is, my mother never filed the transfer of the property with the proper agency. Today, she went to file the deed, and she was told to fill out an enormous amount of forms. We noticed on the forms that my Aunt�s signature appears to be required. Naturally, she can�t sign it because she is no longer with us. My Aunt apparently left all of her assets to her domestic partner in a will. Am I to now believe that her domestic partner owns part of my mother�s house? Again, my aunt DID sign over her interest on the deed, but my mother never filed the paperwork.
Thank you very, very much.
John Capizzi
2 Answers from Attorneys
Re: real estate deed
John:
First question would be how did your mother and aunt own the house in NJ? Did they own it with rights of survivorship or as tenants in common? Secondly, how did your aunt purport to transfer her interest to your mother? Did she sign the deed? I would strongly recommend that you consult with an attorney on the matter as there are many questions that should be asked and answered to ascertain exactly what is going on here.
Best of luck.
Re: real estate deed
Your mother needs the help of an attorney.
The answer to your question depends on some facts that you will not know. I would need to look at the deed your Aunt signed, the deed that was already in place, and take it from there.
The Deed is not invalid just because your Aunt passed away. However, that does not answer the question.
Let me know if you want me to assist.
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: 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 response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
