Legal Question in Wills and Trusts in New Jersey

Title

If the deed to a property (multifamily in wich the surviving spouse resides) reads ''John Doe and Jane Doe, his wife,'' is that joint tenancy with right of survivorship, tenancy in common, something else? In case of intestacy, does 100% of the property go to the surving spouse, or does a percentage go to the children?


Asked on 1/26/09, 3:41 am

2 Answers from Attorneys
Nancy M. Rice, Esq., CELA Elder Law Offices of Nancy M. Rice

Re: Title

H/W titling is called "Tenants by the Entirety" in NJ, which means the surviving spouse inherits the property, similar to joint tenancy with right of survivorship. Title controls, so the property passes 100% to the surviving spouse, yes.

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Answered on 1/26/09, 8:48 am
Richard Vallario Richard W. Vallario Law Office

Re: Title

It is a tenancy by the entirety and the surviving spouse has full and complete ownership.

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Answered on 1/26/09, 11:38 am


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