Intellectual Property Law

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Husband pased away 1/24/2007.His Will named me as his executrix of estate, Will states that the dwelling be held in trust for his son.Will also states that I have the right to live in the house for my natural life or until I decide to vacate the premises with the ogligation of paying taxes,insurance,utilities,and maintenance which I have done to date.In the event that I vacate or upon my death then the trustee sells the home if his son does not wish to reside in the home and pay all said above. I was told by this attorney that I would receive money for my portion of the life estate.The thing that I am so concerned about is I am planning on leaving the home.The son doesn't have money to keep this home going and rigjt after my hisband's death my attorney took me to the State of NJ Passaic County Surrogates Court and placed my name on the deed,which I have been told is totally wrong as it is not what was stated in the will by my late husband.I want to know how do I get my name off deed.

Submitted: 165 days and 13 hours ago.

Category: Intellectual Property Law

Value: $45

Status: CLOSED

New Jersey

Already Tried:
Just speaking with other people and them saying do a quite deed and that is all you need you don"t need a attorney to handle this.I want to make sure it is done right as I was told my attorney should have never put my name on the deed in the first place.The deed should have been in trust for the son's name.I need help I am so confused I did have an attorney I did not do this on my own so you think he would have instructed me the correct way.Thanking you Katherine Van Cleft

Posted by FLAandNYLawyer 165 days and 10 hours ago.

Answer

Hello,

Your attorney would have correctly had the house go into your name alone, if the house was in both your name and your husband's name. It would then pass to you outside of the will.

However, if you would like to sell the house, you appear able to do so. You can then share the proceeds with the son.

I hope that the information which I provided was helpful to you. However, if I have not fully answered your question, please post me back on this thread with a clarification.

165 days and 9 hours ago.

Reply

There was no ones name on the deed except my husband's at the time of his death. This was a second marriage for both of us,and the Will stated the home be put in trust for his son so why would he use my name on the deed instead of putting the deed in trust for his son.Now my question is how do I get my name off the deed?.Thanks You really did not answer my question?

Accepted Answer

Hello,

You could quitclaim the deed to your husband's son. You can purchase the form at a local office supply store such as Office Depot. Complete the quitclaim deed naming yourself as grantor and the son as grantee. Record the deed at the property recorder's office.

Accepts:
Expert:	FLAandNYLawyer
Pos. Feedback:	100.0 %
Answered:	6/11/2009

Lawyer

20+ years private practice

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Accepted Answer

Hello,

You could quitclaim the deed to your husband's son. You can purchase the form at a local office supply store such as Office Depot. Complete the quitclaim deed naming yourself as grantor and the son as grantee. Record the deed at the property recorder's office.

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Hello,You could quitclaim the deed to your husband's son. You can purchase the form at a local office supply store such as Office Depot. Complete the quitclaim deed naming yourself as grantor and the son as grantee. Record the deed at the property recorder's office.

Related Intellectual Property Law Questions

Hello,

You could quitclaim the deed to your husband's son. You can purchase the form at a local office supply store such as Office Depot. Complete the quitclaim deed naming yourself as grantor and the son as grantee. Record the deed at the property recorder's office.