Deed Dilemma

[mbudd]

What is the name of your state? New Jersey

When me and my husband purchased our home 5 years ago, we purchased it in his name only. In 2005 we refinanced and used both of our names for the mortgage. My husband passed away last year and I tried to take out a loan and found out that my name was never added to the deed when we refinanced. Shouldn't my name be on the deed since we refinanced last year with me added onto the mortgage?

If not, how do I go about fixing this problem?

Thank you.

[BelizeBreeze]

how exactly was the deed held and was it purchased before or during the marriage?
also, do you have children? Other heirs to his estate? A will?

[mbudd]

The property was purchased during our marriage. We have 2 young children. We didn't have a will. I wasn't sure if I had to change the deed or just include my name on it. It was to our understanding that both names were on the deed.

I spoke to the title company and they said that even though we refinanced last year and I was included in the mortgage process this time around, that the deed would continue to have just his name on it? Confusing...

[seniorjudge]

[url]http://www.finance.cch.com/pops/c50s10d190_NJ.asp[/url]

New Jersey Intestate Succession Laws

If any part of a New Jersey decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse or domestic partner. A surviving spouse or domestic partner is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse or domestic partner is entitled to varies as follows:

* If the decedent leaves no descendants (e.g., child or grandchild) or parents, the surviving spouse or domestic partner is entitled to the entire intestate estate.
* The surviving spouse or domestic partner is also entitled to the entire intestate estate if all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent.
* If the decedent is survived by a parent or parents, but not survived by any descendants, the surviving spouse or domestic partner is entitled to the first 25% of the estate, but not less than $50,000 nor more than $200,000, plus three-fourths of the remaining balance of the intestate estate.
* The surviving spouse or domestic partner is entitled to the first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate
1. if all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or
2. if one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.

2. Heirs other than surviving spouse or domestic partner. Any part of the intestate estate not passing to the surviving spouse or domestic partner as indicated above, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows to decedent's:

1. Descendants, taking equally if they are all of the same degree of kinship to the decedent and, if of unequal degree, taking per stirpes.
2. Parent or parents equally.
3. Parents' descendants, per stirpes.
4. One or more surviving grandparents or the descendants of grandparents (e.g., decedent's aunts and uncles). Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the descendants of the paternal grandparents if both are deceased, taking per stirpes. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or descendants on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
5. Grandparents' descendants, per stirpes.
6. Step-children or their descendants, per stirpes.

3. State of New Jersey. If there is no taker under any of the above provisions, the intestate estate passes (escheats) by default to the state of New Jersey.

New Jersey Intestate Succession Law Fun Facts

* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of New Jersey would end up with the intestate estate.
* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent.
* Evildoers take note! Whether or not there is a will, any person who criminally and intentionally kills the decedent is prohibited by law from receiving any of decedent's assets. This includes interests in property held as joint tenants or tenants by the entirety (e.g., survivorship rights in real estate and bank accounts) and benefits under a life insurance policy. The murderer is treated as if he or she had predeceased the murdered decedent, thus automatically becoming ineligible to benefit via inheritance or otherwise.
* New Jersey's intestate succession laws, as well as other related laws, can be found in Title 3B of the New Jersey Statutes.

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This means you need to probate your husband's estate and get all the stuff that was in his name into your name.

[mbudd]

Thank you so much for your help. I'm sorry but I may have posed the question wrong. I really need advice on what to do next?

Am I liable to pay a title company to fix the situation or is it something that should have been done a year ago by the mortgage company when we refinanced?

Was it something that I had to do on my own with the title company after we refinanced to make sure my name was on the deed?

And what are my next steps to correct the situation? I'm at a lost....

[lcannister]

First you can not now GO BACK and fix things now. Since you haven't a clue, no critizism many people don't, you need and Atty. You need one to do the probate thing anyway since he die without a will with this house issue hanging there.

[seniorjudge]

Originally Posted by mbudd

Thank you so much for your help. I'm sorry but I may have posed the question wrong. I really need advice on what to do next?

Am I liable to pay a title company to fix the situation or is it something that should have been done a year ago by the mortgage company when we refinanced?

Was it something that I had to do on my own with the title company after we refinanced to make sure my name was on the deed?

And what are my next steps to correct the situation? I'm at a lost....

Hire a lawyer.

Today.