How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacESQ Your Own Question
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15935
Experience:  Licensed General Practice Attorney, Texas
19487448
Type Your Real Estate Law Question Here...
ScottyMacESQ is online now
A new question is answered every 9 seconds

i live in new jersey. my sister resides in florida. we bought

This answer was rated:

i live in new jersey. my sister resides in florida. we bought an investment property in new jersey. my sister is now deceased and i would like the deed in my name only. can this be taken care of in new jersey?

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

Yes, this can be taken care of in New Jersey, as probate for real estate purposes takes place in the jurisdiction where the property is located, not where the individual resided at the time of his/her death. So any legal filings would need to take place in NJ.

ScottyMacESQ :

That being said, whether or not this property can be transferred depends on how it was held (that is if it was joint tenant with right of survivorship, etc...), any contract that you had with her, any will that she might have had, or if there was no will, if she had a spouse and/or children at the time of her death. If there was no will that would say otherwise, no spouse, and no surviving parents, and no other sibling, then you could absolutely get the property put into your name.

ScottyMacESQ :

One need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, or guardian must be represented by counsel. As executor of a decedent’s estate, you don’t represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible.

ScottyMacESQ :

That being said, you need to contact an attorney in your area that deals with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

did not get answer

Customer:

can the transaction be made in nj and what documents beside death certificate do i need

ScottyMacESQ :

I'm sorry you don't see the answer. Did you not receive any of the answer that I posted?

ScottyMacESQ :

(roughly 5 paragraphs?)

ScottyMacESQ :

Can you see my responses?

ScottyMacESQ :

I am going to switch to Q&A so that we can communicate better. Please click F5 or the refresh button to see the change.

I have switched to Q&A. Please review my response and let me know of any other questions that you might have.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
ScottyMacESQ and 2 other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions