Philadelphia, PA asked in Estate Planning and Real Estate Law for New Jersey

Q: What happens if I die to the ownership of house?

My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get my portion or could he technically evict them?

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: This is a complex situation and the best way to handle this is with either an in-person strategy session with an attorney or a secure video conference with the attorney. With modern technology, you can meet with any attorney you choose without geographic constraints.

Matthew Schutz
Matthew Schutz
Answered
  • Flemington, NJ
  • Licensed in New Jersey

A: The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you have an undivided half interest in the property, as well as your dad. Your interest survives your father's death, however he is free to distribute his half interest as he sees fit in his will or other instrument.

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