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My boyfriend has put me in his will to inherit his place…

My boyfriend has put...

My boyfriend has put me in his will to inherit his place down the shore, the only problem is, his deceased wife is still on the deed. If he takes her off the deed, will I then inherit the shore house with no problems, or do i have to be on the deed?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None, he wants me to find out what we need to do. My thought is remove her from the deed, then i will inherit the shore house with no problems, am I correct?

Lawyer's Assistant: Where is the house located?

North Wildwood, NJ and I live in PA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so?

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Answered in 2 minutes by:
4/13/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You do not have to be on the deed to inherit the house. However, you might have to provide a copy of his wife's death certificate to get her name removed and take over the title (in addition to your boyfriend's death certiificate. Things would be easier for you if your boyfriend could record the death certificate now. As a non-relative, it could be very difficult for you to get a copy when the time comes, and you might have to go to court.

Note that if he DID put you on the deed as a joint tenant with right of survivorship, you would inherit the house automatically when he passes away, without having to do anything else. With a will, you'll have to go through probate before you become a legal owner. So you're right that removing her from the deed and adding you would make things much easier.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 4 months ago
If he puts me on the deed, will I have to pay a gift tax?

Gift taxes are never paid by the person who receives a gift. There would be a Realty Transfer Fee imposed by the state if you were buying the property, but that doesn't apply when you're not paying him.

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Customer reply replied 4 months ago
he would have to pay the gift tax for adding me to the deed?

He would have to file a gift tax return at the end of the year with his taxes. Whether he would actually wind up paying taxes and how much depends on a various factors. The first $15,000 in equity is excluded, so he wouldn't pay anything on that portion. But he does have to do a return.

Note, though, that if he doesn't add you to the deed and you inherit the property, it's essentially the same. You'd be filing an estate tax return, and the estate would be responsible for paying any taxes due (which could come out of his other assets, if he has them). But there's no way of knowing what the exclusion might be when that happens, because it changes periodically. The current limit is the highest it's been.

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And if there's more than $15,000 in equity, he can use the $5 million lifetime gift tax exemption. That's going to reduce how much will be exempt from estate tax when he passes away, but that's not an issue for most people.

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Customer reply replied 4 months ago
I guess it would be easier if we got married, then none of this would apply?

He should still remove his deceased wife from the deed to make things easier. And even if you're married, it would be easier for you if he added your name to the deed because you wouldn't have to do anything to become the sole owner.

Whether he would need a will if the two of you married depends on if he has any children with his first wife. If he does, you'd have to share the house (and any other assets) with them absent a will or trust that says otherwise (assuming you're NOT added to the deed). N.J. Stat., Section 3B:5-3.

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Customer reply replied 4 months ago
Neither of us has any kids.
Customer reply replied 4 months ago
Do I go to a Title company to remove her from the deed?

No, you'd file a copy of the death certificate with the county recorder's office.

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Customer reply replied 4 months ago
Ok Thank You So Much For Your Help!

You're welcome!

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Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Just rated you "Excellent"!

Thank you! Have a great weekend.

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