• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Deed Wording- Survivorship NJ

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NjShore

Junior Member
What is the name of your state?NJ

My fiancee's father moved in with us and kindly paid off the mortgage. His stipulation was that he was in theory prepaying her inheritance but to protect himself he wanted to be added to the deed. The intent was that if he should predecease us, his share would revert to my fiancee. This all sound reasonable, but his lawyer prepared the deed wording and we are not so sure it accomplishes the agreement. It is worded ....The property is owned 50% by Ms Jane Smith and Mr. John Doe with joint rights of tenancy and survivorship and 50% by Mr. John Smith.

This is paraphrased but the concern is there is no wording about the father's 50% share. Shouldn't his include verbiage of survivorship and his share reverting to his daughter, at minimum? Any suggestions on how we can handle this delicate situation? Thanks
 


HomeGuru

Senior Member
NjShore said:
What is the name of your state?NJ

My fiancee's father moved in with us and kindly paid off the mortgage. His stipulation was that he was in theory prepaying her inheritance but to protect himself he wanted to be added to the deed. The intent was that if he should predecease us, his share would revert to my fiancee. This all sound reasonable, but his lawyer prepared the deed wording and we are not so sure it accomplishes the agreement. It is worded ....The property is owned 50% by Ms Jane Smith and Mr. John Doe with joint rights of tenancy and survivorship and 50% by Mr. John Smith.

**A: the wording does not correspond with the intent for several reasons.

**********

This is paraphrased but the concern is there is no wording about the father's 50% share. Shouldn't his include verbiage of survivorship and his share reverting to his daughter, at minimum? Any suggestions on how we can handle this delicate situation? Thanks

**A: here is how to handle it. Hire your own trust/estate attorney.
 

NjShore

Junior Member
Obviously I'm considering hiring, but my fiancee feels her father "wouldn't do anything to hurt her". I believe that but I'm looking for some info to get her to understand we really can't just accept it or down the road we may have serious consequences.

Any quick specifics on why the wording doesn't match intent? Thanks
 

HomeGuru

Senior Member
NjShore said:
Obviously I'm considering hiring, but my fiancee feels her father "wouldn't do anything to hurt her".

**A: with that lame perception, we can't help you.

***********
I believe that but I'm looking for some info to get her to understand we really can't just accept it or down the road we may have serious consequences.

Any quick specifics on why the wording doesn't match intent? Thanks
**A: how about examples such as if you die first, he get's half of your share, or if he meets a girl he can deed his share to her...lots more.
If he wanted to protect his interest, all he needed to do was to get a mortgage in his favor and upon his death the mortgage would be extinguished. He does not have to be on the deed.
 
Last edited:

NjShore

Junior Member
While I appreciate the candor and do admit to my finacce being naive, I have to wonder why the "lame" comment was necessary.

Your point about deeding to another is understandable, thanks. Regarding the mortgage it's already paid off.

Are you an attorney? Because as I read this, should I die first, she automatically get my share based on the joint survivorhsip asscosciated with our 50%.
 

HomeGuru

Senior Member
NjShore said:
While I appreciate the candor and do admit to my finacce being naive, I have to wonder why the "lame" comment was necessary.

**A: first for clarification I did not call your girlfriend lame. I said her perception is lame. If you need more, just read a couple hundred threads on this website whereby relatives screwed relatives.
Next, you keep spelling the word fiance incorreclty. I agree that it is not an original English word but be consistent is you are going to spell it wrong.

**********

Your point about deeding to another is understandable, thanks. Regarding the mortgage it's already paid off.

**A: I know the original mortgage is already paid off. The mortgage comment was my explanation of in lieu of the father being on title, he could have easly secured his interest by having a mortgage on the property in the same amount as the cash he paid to pay off the old mortgage. The protection and inheritance issue would be addressed in this manner.
***********

Are you an attorney?

**A: why do you ask? Why would it matter if I am an attorney or not? The only thing that matters is if I know the correct answer.

***********

Because as I read this, should I die first, she automatically get my share based on the joint survivorhsip asscosciated with our 50%.
**A: no, you are missing the point. Should you die first, HE automatically gets 50% of your share.
 

NjShore

Junior Member
Main Entry: fi·an·cée
Pronunciation: "fE-"än-'sA, fE-'än-"
Function: noun
Etymology: French, feminine of fiancé
: a woman engaged to be married

From the Merriam-Webster dictionary

Obviously you're not an attorney or an English teacher. Please do not reply; I have no interest in pursuing this thread with you.
 

HomeGuru

Senior Member
NjShore said:
While I appreciate the candor and do admit to my finacce being naive, I have to wonder why the "lame" comment was necessary.

**A: so you spelled the word "finacce". Right on.

*********
Are you an attorney?

**A: read my profile. And good luck, You're gonna really need it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top