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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17515
Experience:  B.A.; M.B.A.; J.D.
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My father and s friend bought a manufactured home in NJ. He

Customer Question

My father and his friend bought a manufactured home in NJ. He died intestate. I want to know am I entitled to half of the manufactured home or does it pass to her entirely? I am told because he paid for it I'm responsible for class d beneficiary taxes on the whole amount paid for the home. If the home has a title not a deed does she get the entire value or does it work like actual real estate where his half is passed to his beneficiaries? They were not married and no will.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 9 months ago.

It depends on what kind of title they took it under: Tenants in Common or Joint Tenants with Right of Survivorship. If Joint Tenants with Right of Survivorship, the survivor is the sole owner of the property. The decedent estate does not get half interest in the property--nothing passes to the heirs of the decedent. If Tenants in Common, 50% of ownership passes to the heirs of the decedent.

Whether or not you would pay any inheritance tax would depend on whether your father's estate even has in interest in the property. If the estate does not have any interest in the property, there is no tax due. For more information, click on the link below:

http://www.state.nj.us/treasury/taxation/inheritance_over.shtml

Customer: replied 9 months ago.
The title just lists a owner my father and a co-owner nothing is titled specifically joint tenancy. I'm told the state requires the tax to be paid as they don't take legal positions having said that I have a attorney who believes I have a case to get half with that said to obtain the waiver to release monies from a inherited property solely mine needs to be paid. Otherwise the I would have to wait for the lawyer to resolve the issue on whether or not I get half or not to determine tax liabilities. If I pay taxes to obtain waiver then and she is awarded the mobile home then I would then have to sue her for taxes paid by me as they would then be her responsibility. Should I pay the taxes now and then await decision? If so if she's awarded the unit then to get the taxes back would require court action and the legal fees might be equal or about equal to the taxes owed of 4500. I don't know if I should pay these taxes now or wait. Again if I wait then the other monies are held in escrow until I obtain the waiver and taxes are satisfied. Also does the answer lie in whether it's a title issued from motor vehicle vs a deed one gets in real estate. The unit is fixed not like it moves as there's a community with permanent address and an actual foundation just like a home. It's a retirement unit. She is also added her name to the title after the unit was purchased solely by my father both the purchase agreement and check issued was solely in his name. Also, side issue when I asked for the copy of the purchase agreement from her when gathering documents to file state return she provided me a falsified purchase agreement where she added her name to agreement by cutting and pasting and then signing her name to alter the purchase contract. Does this play any role? Are there any consequences of her doing this and could this be used to reach a settlement? She also sent a creditors bill that had false debts she claimed loaned to my father. My lawyer almost a year ago asked for receipts but she never provided them nor did she ever provide a loan agreement that would indicate these monies were loaned as they weren't because these like her attempt to falsify the purchase contract were lies. She also never filed the letter with the court as it didn't show on the title search of the real property I'm selling she also sent the letter after 9 months from date of death and I believe creditors have to file claims before 9 months from date of death plus again she never provided a single receipt or loan document as they don't exist? I'm trying to determine should I wait to see what happens if I'm entitled to half the unit before paying the taxes? Is her claim at all valid? My lawyer seems to think we have an excellent case but he hasn't seem to put much attention to the fraudulent purchase agreement she forged which would seem like critical info to me speaking to her credibility. Please send me your thoughts on my questions? Thanks
Expert:  Phillips Esq. replied 9 months ago.

You asked tons of questions, which I am not in a position to answer within the confines of this forum because unlike your Attorney I am not privy to all the facts in the case. Nevertheless, it is prudent NOT to pay any taxes on the property until the title issue has been resolved.