Legal Question in Wills and Trusts in New Jersey

If your mother had a will AND the Will left the house to you AND her estate was probated AND administered, the executor had the right to deed the house to you.

Without a will, the estate would still have to be probated and administered, then it would be divided among the legal heirs according to the State statute governing intestate decedent's assets.

In either case, only the personal representative (Executor or Administrator) appointed by the Surrogate's Office, has legal authority to sign a deed to transfer title of the property.

You do not give any background facts. I would be surprised if a lawyer just prepared a deed without any legal authority for the house being transferred. Also, it sounds like your new lawyer must have been providing legal services in connection with the administration of your mother's estate. Lawyers don't charge $3,000.00 for preparing a deed without performing substantial other legal services.

Ask your new lawyer to explain in detail what happened when your old lawyer put the house in your name, and what she has done for you since she started providing legal services to you, what your rights and obligations are in responding to your brother's law suit and what services she will provide with respect to the lawsuit.

If you were not entitled to sole title to the house, under the will or under State law, your brother may have a rightful claim.

If your new lawyer cannot fully explain what happened, you do not have to continue with her services but can and should consult with another lawyer who could at least review what happened to advise you on your rights and obligations, and if you have a defense and should spend money to defend against your brother's claim.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I agree with Miriam, although more facts are needed to explain why the Deed was only to you, and not you and your brother, who I am assuming was entitled to an equal share of the estate, either under the Will or the intestacy statute, as applicable. I also agree that $6,000 seems to be excessive, unless part of this fee was incurred in responding to your brother's litigation. If you provide more facts I can respond better. You may wish to contact me directly and the first 1/2 hour is free. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.