QUESTION

Transferring Deed where owner is deceased

Asked on Jan 30th, 2015 on Real Estate - New Jersey
More details to this question:
Father passed away leaving me executor and beneficiary. Both parents are deceased and named on the deed, i never probated my mothers estate.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You would not need to probate your mom's estate as long as you have one of her death certificates.  The property automatically passed to your dad upon your mom's death.  You should transfer the property form your dad to yourself using your executor certificate.  You will sign the deed as the executor of your dad's estate.  On the affidavit of title that goes with the deed you will list your mom's name and date of death and include your mom's death certificate. 
Answered on Jan 31st, 2015 at 12:13 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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