Legal Question in Wills and Trusts in New Jersey

Re: Wills and Probate

While the Will acts to express H's intentions, you actually need a Deed recorded to carry out the terms of the Will. Tax offices may know of the death, but until they are advised that ownership has been transferred by Deed, they cannot recognize the new Owner. A new Deed is not difficult and should come from the Executor. This presumes that W was never mentioned on the current Deed. If you need assistance, contact me directly.

Re: Wills and Probate

After the will is probated, there are more steps to follow in order to administer the estate. All debts must be paid, including taxes, before any assets may be distributed.

If the property was owned by husband and wife as "tenants by the entirety", or joint tenants with right of survival, it automatically became wife's upon death of husband. The property did not need to go through probate since it was not estate property.

However, if the property was owned solely by husband or by husband and wife but not as joint tenants, then the property would have to be transferred to the Wife by a Deed signed by the Personal Representative of the Estate.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

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