How do you transfer the deed of a deceased parent in NJ to surviving children?
When a decedent owned real property their estate must be probated for title to pass to the heirs. Also, the court must appoint a representative of the estate. You should seek the advice of an attorney who specializes in probate law for the procedure in your particular jurisdiction.
In NJ, either the executor or the administrator will sign what we call an "executor's deed" where there is a will or an "administrator's deed" where the is no will. This is to formalize the transfer of the property. It is important to know that the beneficiaries or heirs technically own the property as of the date of death rather than the date of the deed. This deed is a formality only.
Grandmother left her house to our deceased parent and her two other children do we inherit the interest of our deceased parent?
Generally, yes. You and siblings would receive your deceased parent's share UNLESS your grandmother's will specified that if any of HER children were deceased then their share would go to THEIR surviving siblings. You should have received notice of the probate proceeding as heirs at law. Title to the house will not pass to the heirs until the estate has been probated. You should call the attorney who is handling the estate to ascertain what…
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is…
That depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link. That depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link. That depends on whether there is a will, the laws of intestacy in…
When surviving parent is declared incompetent and there is no will left by deceased parent does it go to state or to children?
The legal phrase for this situation is dying "intestate," and the laws of that particular state will have to be followed. Whether the surviving spouse is "incompetent" or not, is probably immaterial. If they were still legally married, or this is a 'community property' state, or they owned property and assets as a married couple (known by a variety of legal descriptions in various states) then the surviving spouse would probably inherit before the children…
When an unmarried with no children sibling dies with no will do siblings inherit or surviving parent?
When a parent dies without a will can the adult children take possession of the deceased parent's property and assets in New York?
Not necessarily. Depending upon the size of the estate, if the deceased owed debts and if any of the assets or property of the estate is subject to taxation, probate action may be required. The surviving family members should not transfer, sell, gift or in any manner despose of any property or assets belongin to the deceased until they have determined the status according to the probate laws of the state,
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.