Legal Question in Wills and Trusts in New Jersey

Re: Willed Property

You may have a claim to the 50%...however, you should expect a fight from the husband.

While your daughter may have technically owned half the house based on the deed, the fact that your daughter was married to her husband for 30 years; that it was a mistake that the deed was done incorrectly and/or never changed to reflect the marraige; and the fact that your daughter never contributed to the purchase of the house, all weigh against you. I wouldn't be surprised if a judge saw it the same way.

Re: Willed Property

This is an equitable situation, with legal ramifications. First, although they were not married, the original Deed could have said "Joint Tenants with right of survivorship". Someone is confused between "JTWROS", which can exist among any multiple owners, regardless of relationship, and Tenency By The Entirety, which is the equivalent of JTWROS, but is limited to husbands and wives. This may open a claim by your son-in-law against the attorney who handled the original transaction. Second is the legal ramification of how the Deed was and your daughter's Will. Tenants in common have the right to bequeath their interest in the real estate to whomever they want, you included. However, since the property was occupied as a marital residence, your SIL can continue to reside there, as marital rights give him a life estate in your daughter's share of the house. So, while you are the legal owner of 1/2, you can do nothing, except possibly have him pay some rent to you. On the other hand, you are now the 1/2 owner, which makes you responsible for 1/2 of all costs of running the house (real estate taxes, insurance, repairs, etc.). I suggest you work out some arrangement with your SIL to resolve the inherent cross-obligations and rights you both have. You do not say if they had any children who might be impacted by all of this, so their future interests may also need to be considered. Contact me directly if you have more questions.

Re: Willed Property

The first thing you should do is hire a good estate and probate lawyer. Your lawyer will actually have to read the Will and the Deed to determine your rights. If the Deed was a Teancy in Common with the Right of Survivorship, marriage is not an issue.

In any case, you need a lawyer because your claim will cause a family fight at a minimum and potentially costly litigation. This is why it is important for people to have up-to-date Estate Plans.

I hope this helps!

Ron Cappuccio

www.SaveYourEstate.com