Dealing with property after a death

Death can strike at any time. With all the emotions and difficulties that can come when a loved one passes away, the last thing you probably want to think about is property. However, it’s important to make sure that property issues and concerns are dealt with in a timely manner after the death of a loved one.

If a property title is in the name of a deceased loved one, you will need to figure out what is going to happen to the property ownership. Typically these wishes are spelled out in a will left by the deceased owner. In the case of no will or a contested will, things can get a little more tricky. That’s where we can come in to help. You’ll need some documents to help us sort things out:

  • Death certificate
  • Original deedReligion, death and dolor - coffin bearer carrying casket at funeral to cemetery
  • The will, if there is one

If there is a will: If a valid will has been left specifying the deceased owner’s wishes, things are a little simpler. With a death certificate, the will and the original deed you can have the deed reissued in the new owner’s name. This will transfer ownership of the property to the new owner who will be responsible for all financial and property obligations.

If there is no will: In New Jersey, if a person dies without a will, the state determines that the property passes to the others listed on the deed. This can make things difficult to sort out, especially if there are multiple claims to the ownership of the deed. We can help perform a search and figure things out. If that doesn’t work, your case will need to go to court to sort out ownership.

Sorting out property details in the event of a death can be unpleasant. Property issues and maintenance don’t stop just because a death happens. Mortgages, utilities, property tax and other financial obligations are all still owed in the event of a death. It’s important to make sure that these items are dealt with quickly to avoid greater difficulties. That’s where we can help make things a little easier. If there are any issues with your deed, or claims to the deed, we can help. Let us sort through the legal paperwork while you deal with the more important matters.