Legal Question in Wills and Trusts in New Jersey

Re: old will

I don't understand how "your husband's dad left our house to my husband but he never turned it over to his name".

...how did he leave it to you?

...Is he dead?

...Has the handwritten will been probated or has an administrator been appointed?

You need to find out who holds title to the house. A title search can be ordered as a starting point. Then you and your husband both need to have wills prepared and possibly have a new deed to the house executed.

Re: old will

You will clearly need an attorney to analyze this and advise you. There are quite a few facts which will be critical to the outcome of this issue.

Re: old will

I assume you mean your father-in-law left HIS house to your husband (or at least the supposed handwritten Will says so).

It would have been cleaner and simpler if your father-in-law had a proper Will. If he had and it had been properly admitted to probate, then your husband's legal title would be established by that Will even without having a new Deed drawn up. If your husband had a Will of his own drawn up he could have bequeathed the house to you. If he doesn't have a Will, as his wife, you would be entitled to an "Elective Share" or what the law of Intestate Succession dictates. You would have a choice as to which one to follow and would probably choose the latter because under our new Probate Law, a surviving spouse gets 100% of his or her spouse's Estate if they died without a Will and the spouse had no living parents or children with a different mother than you.

You now have to either file a legal action to ask the Court to accept the handwritten Will of your father-in-law and then be appointed Administrator of your husband's Estate or you can try to be appointed Administrator of both Estates.

It should be obvious from the length of this answer that you should consult an attorney with experience in Probate Law to assist you with this.

Re: old will

One of 2 things have to be done: (1) Try to probate the handwritten Will as a "holographic" or hand-written Will. If properly done and witnessed, it could be probated, or (2) Your husband must apply for an administration of his Dad's estate, if the hand-written Will is not accepted. Based upon what facts you provide, it appears your husband was the sole surviving member of his family (no mother or sublings when Dad died). If this is correct, as the sole heir he is entitled to the house and would be appointed as Administrator. He can then make a new Deed, as Administrator, naming him and/or both of you as the new owners. If you are not named on the new Deed, he would need a Will explaining what happens to the house when he passes away. If he does nothing and predeceases you, the matter gets more complicated. I suggest you either get him to take action, himself or through a lawyer, to avoid bigger problems later on. The matter gets more complicated if he has brothers and/or sisters.