Legal Question in Wills and Trusts in New Jersey

Right of survivorship, House
Mom passed away, house deeded to me by right of survivorship. I contracted with realator, had buyer in 3 days. I retained an attorney to handle the sale. The attorney hired to handle the Estate, called
my attorney, and insisted that I put proceeds into the Estate. He also
stated that a waiver, to release house from the State needed to be filed, and he insisted he would do the paper work. My Attorney told him it wasn't necessary, but he insisted. The Estate consisted of Stocks, which an L-8 was filed, and personal effects and household goods. Gross amount $60,000.00. I don't understand why an L-9 had to be filed for the Estate Assets, and why my Attorney allowed the Estate Attorney, to file this form for the house. Shouldn't my attorney, or even myself, file this form?
Did the Attorney representing the Estate have a legal right to inquire about the sale of the house, and
infer that there might be a problem at the closing, if a waiver wasn't obtained?

Asked on 7/19/09, 11:47 am

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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Re: Right of survivorship, House

An estate tax waiver will ALWAYS be required with joint property [real estate or otherwise].

Answered on 7/20/09, 9:11 am

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