QUESTION
Am I entitled to a death certificate for my sister? I need one to have jointly owned land titled to me?
Asked on Apr 21st, 2021 on Property Law - New Jersey
More details to this question:
My sister and I jointly inherited property after my mother's passing. To get the property into my name, I must provide a death certificate. Deed only has her name and my name on it. Her son feels he and his brother should be entitled to her half. It’s a piece of property that is 33 ft. x 950 ft. in swamp land with a worth of approx.. $500. It is located in Bass River, NJ – Burlington County. My sister and her family took everything they wanted from my Mother’s home on her passing, my father pre-deceased her. I wasn’t asked about any of things they took. It’s the principal of the matter and I believe that since only our 2 names are on the deed that I should be entitled to the whole property. Would I request this certificate from the Funeral Parlor; or where? Thank you,
1 ANSWER
Divorce Attorney serving Short Hills, NJ
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Sorry but title to the property was in your name and her name jointly, which means that each of you are entitled to 50% of it. It may be a matter of principle to you but legally, you need to sit down with her children and work out a deal for them to transfer their 50% interest over to you or you need to start charging them for their 50% share of the "obligations" associated with the property, including the real estate taxes, insurance, upkeep, etc. Maybe once they are presented with the "obligations" associated with the property, they may change their minds on retaining their 50% share interest.
Answered on Apr 22nd, 2021 at 7:32 AM