Legal Question in Wills and Trusts in New Jersey

will

i would like to know if 2 people are on a deed. the grandmother & granddaughter. the grandmother dies. in her will she has the 1 granddaughter, whcich on the deed & another granddaughter in her will. who is intitled to the house? if both what is the percentage of both. thank you


Asked on 1/05/05, 8:37 pm

2 Answers from Attorneys

Michael Carroll Michael D. Carroll, L.L.C.

Re: will

It would depend on how the deed reads. If it says joint tenants with the right of survivorship, it would go to the other owner. If not, it goes to the decedent's heirs.

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Answered on 1/07/05, 11:16 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: will

I would need to review both the deed and the will to give you an opinion.

As a general rule, if the deed was to both parties as 'joint tenants with rights of survivorship' then the granddaughter would own the entire property at the grandmother's death by operation of law...the will would not control this asset.

However, the circumstances involving the signing of the deed may bear on this issue. If the grandmother did not know what she was doing when she signed the deed (i.e. she thought her will controlled the property, or she was not competent to sign the deed, etc., then it's possible that the will, rather than the deed, would be controling.

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Answered on 1/06/05, 9:58 am


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