Legal Question in Wills and Trusts in New Jersey

will

my wife and i co-own a house with her cousin , who recently passed away. our names are on the deed but everything else was verbal. he has no will to our knowledge and no family except for cousins. what happens to his share of the house and contents?


Asked on 3/02/07, 12:24 pm

1 Answer from Attorneys

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

Re: will

The ownership of the jointly owned real estate will depend on the kind of deed that was prepared [I will need to look at the deed to answer your question]. In general, if you held title as Joint tenants with right of survivorship, then at your cousin's death, his % interest in the house would pass to the other joint owners (you and your wife).

However, it's more likely that you held title as joint tenants-in-common. In that case, your deceased cousin's % of the property passes through his estate. If he had no Will, the intestate law in the state where the property is located will determine what happens to his interest in the house...another good reason why everyone should have a Will.

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Answered on 3/02/07, 1:24 pm


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