How much of the Real Property is owned by the decedent?

[jerzeyites]

What is the name of your state? NJ.

Hi there & thanks for being here.

My sister is a beneficiary of a lady who died. The woman was married and the divorce decree of [20 years ago] said that the marital home was to be sold and the proceeds divided between the ex-husband & wife.
It never was.

The husband and wife came to an arrangement shaortly after the granting of the divorce where she could stay in the home as long as she did not re-marry and that she paid the bills and kept the property up. She did.

Ex husband died 2+years ago and willed his share to their son. The deed was never changed and still reads "Dagwood & Blondie Bumstead, husband & wife". Son never contributed to care and upkeep of the property let alone his Mother.

Could this home have become the sole property of the mother as NJ is a state that recognizes tenants by the entirety as I believe that the deed reflects?

My sis has an attorney who said that this may be the case but Sis is not so sure. He says that he is still working on figuring it out.

Many thanks for your input.What is the name of your state?

 

[nextwife]

Have a title company obtain a copy of the last deed. Once you have obtained it, you will know how title was vested when the first co-owner dies. The form of ownership will determine whether his interest would now belong to the surviving co-owner or the estate of the decedant.

 

[HomeGuru]

What is the name of your state? NJ.

Hi there & thanks for being here.

My sister is a beneficiary of a lady who died. The woman was married and the divorce decree of [20 years ago] said that the marital home was to be sold and the proceeds divided between the ex-husband & wife.
It never was.

The husband and wife came to an arrangement shaortly after the granting of the divorce where she could stay in the home as long as she did not re-marry and that she paid the bills and kept the property up. She did.

Ex husband died 2+years ago and willed his share to their son. The deed was never changed and still reads "Dagwood & Blondie Bumstead, husband & wife". Son never contributed to care and upkeep of the property let alone his Mother.

Could this home have become the sole property of the mother as NJ is a state that recognizes tenants by the entirety as I believe that the deed reflects?


**A: the answer is no since the lady died provided the lady who died was the wife that got divorced and was allowed to stay in the home and was the same person as Blondie (the son's mother) in your example.
If not, your post is confusing.
************
My sis has an attorney who said that this may be the case but Sis is not so sure. He says that he is still working on figuring it out.

Many thanks for your input.What is the name of your state?

**A: post back to confirm.

 

[lwpat]

Even then a court of equity might award him a share of the property. She should go ahead and split the property or offer a settlement especially if she thinks he might take her to court.

 

[seniorjudge]

...My sis has an attorney who said that this may be the case but Sis is not so sure. He says that he is still working on figuring it out....

Sis needs a different attorney; one who knows real estate law.

Anyway, post back with more details.

 

[jerzeyites]

Thanks for the replies.


Yes, the decedent [Blondie] is the woman who was divorced. She passed last November.

The case is scheduled for trial in early Dec.

Sis is prepared to offer a settlement once the details are clear.

The next of kin is upset that the estate may have to be split at all. There is a will leaving my sis the deceased woman's portion of the estate. Claims have been made to dismiss the will using all of the usual theories. The next of kin has no proofs of any kind that have come to light despite 4 written requests for such since the will was filed.

There are lawyers all-round.

I will do my best to supply any further details that you may need.

Again - my thanks.

 

[seniorjudge]

...

There are lawyers all-round.

....

An ounce of prevention is worth a pound of cure.

I've seen this kind of thing happen time and time again; someone in the past didn't want to get a lawyer to do it right the first time and then, down the road, the mess has blossomed into a big court fight with lots of lawyers sending lots of bills and the heirs wind up with little or nothing.

Oh well....