Posted on: 26th Mar, 2010 08:22 am
Hello,
Just found this very interesting site, and have a dilemma:
My mother and stepfather own a home in NJ, but my stepfather is 83, has alzheimer's disease in advanced stage, and to make things worse, also has congestive heart failure which got worse, doctor's already told us that he might not last long, and he never made a will or anything like it, so my question is: What can my mother do to avoid any complications with the home, in the near future while my stepfather is still alive and also after he dies.
Just found this very interesting site, and have a dilemma:
My mother and stepfather own a home in NJ, but my stepfather is 83, has alzheimer's disease in advanced stage, and to make things worse, also has congestive heart failure which got worse, doctor's already told us that he might not last long, and he never made a will or anything like it, so my question is: What can my mother do to avoid any complications with the home, in the near future while my stepfather is still alive and also after he dies.
Forgot to mention that they still owe about $85,000 on the mortgage, thanks for the help
Hi Dav,
Is it possible to get a quit claim deed signed by your stepfather? If it is possible, then the property ownership can quickly get transferred to you and your mother.
Is your mother already listed on the title to the property as a joint tenant? If she is, then she can get the property in her name after her husband's death and there will not be any need for probate.
In case, he cannot leave a will before his death, your mother will have to file an affidavit of heirship with the probate court and the court will then decide who will inherit the property as per the laws of intestacy.
Is it possible to get a quit claim deed signed by your stepfather? If it is possible, then the property ownership can quickly get transferred to you and your mother.
Is your mother already listed on the title to the property as a joint tenant? If she is, then she can get the property in her name after her husband's death and there will not be any need for probate.
In case, he cannot leave a will before his death, your mother will have to file an affidavit of heirship with the probate court and the court will then decide who will inherit the property as per the laws of intestacy.
Thank you so much for replying, my mother is the co-owner with my stepfather both are on the deed, unfortunately my stepfather would not be able to sign a quit claim deed, due to his alzheimer's and he's almost blind now, and almost dead too, and he is not leaving a will. The one thing that we don't want to happen, is my mother loosing the house after his death, since his SS check helps pay the mortgage, so we (my mother) would like to try and renegotiate the mortgage with the bank to possibly lower interest and monthly payment, that could make it easier right now and after my stepfather's death for my mother to keep the house, but to do that she would need my stepfather to agree and sign applications and such and that's no longer possible, due to his health issues. Thanks for the help
Oops, typo, I misspelled "deaf" and typed dead, I meant to say "he's almost blind now, and almost deaf too", as in "really hard of hearing" sorry about that.
To Dav,
Since she is already on the title to the property, she will not lose the home in any way. She has a legal right to her share of the property. In case she is listed on the title as joint tenant with the right of survivorship, she will get the ownership to the entire property after her husband's death. The property does not have to go through probate. Otherwise, she will have to file an affidavit of heirship with the probate court to get the property solely in her name.
Since she is already on the title to the property, she will not lose the home in any way. She has a legal right to her share of the property. In case she is listed on the title as joint tenant with the right of survivorship, she will get the ownership to the entire property after her husband's death. The property does not have to go through probate. Otherwise, she will have to file an affidavit of heirship with the probate court to get the property solely in her name.