Legal Question in Wills and Trusts in New Jersey

Real Property Affiodavit

My sister (single, no children) died of cancer intestate in '89. She had six undeveloped lots in AZ. My Mom then age 74 made me Admins. cause I was her and my sister's caretaker. Mom told me to sell the lots and that I could keep the money for taking care of my sister and paying her funeral bills etc. In '92 we found out the lots were worthless and was advised to let them go to public auction so I stopped paying the property taxes. Now it is March '06 and haved received offer to sell lots. Is my Mom's verbal gift legally binding?. She is now 91, in a nursing home, and diagnosed with Alzheimer.

I have a form from the Clerk of Superior Court of Arizona to fill out and how do I answer the following questions?

1. The person or perons signing this affidavit are entitle to the real property, by intestate succession as sole heir or heirs, or by devised under a valid last will of decedent, the original of which is attached. ( no will)

2. No other person has a right to the interest of the decedent in the discribed real property.

Am I legally entitled to the money from the sale of these lots since my Mom verbally gave them to me?

Thank you.


Asked on 4/04/06, 12:30 pm

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: Real Property Affiodavit

You have a good grasp of the issues. You need to consult a lawyer in an environment where the lawyer can ask you questions and review all of what you have in terms of documentation such as your sister's will. This is too complex a matter to give advice in this forum.

Call if I can be of help.

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Answered on 4/04/06, 1:39 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Real Property Affiodavit

You have not provided all facts needed for a proper and complete answer. First, when your aunt died, who else in her family (parents, siblings, nieces and nephews) survived her. This information is necessary to see who might have a claim on behalf of her estate. Regardless, as the Administrator of her estate, although this took place many years ago, you may still be qualified to respond, depending on some additional facts. This needs to be checked with the original Surrogate's office. If you are still eligible (I suggest calling them and explaining that there is a recently discovered asset of the estate, and you need a new Surrogates Certificate). You do not say what is the status of the property. Since you stopped paying the taxes, has anything happened? Also, when you were Administrator, did you file a new Deed or do anything with the property title registration? You might be able to sell the property, if it has not already gone to auction, but outstanding taxes may be due, the amount of which may impact on your ability to sell them. While more information is needed, but presuming the land is still either in your aunt's name or as the new Deed is registered, you may be able to complete the transaction on behalf of the estate. You need to do some homework and when you find the answers, contact me and I can better guide you on what needs to be done.

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Answered on 4/04/06, 2:17 pm


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