quit claim deeds My mother passed away recently without a will.

quit claim deeds
My mother passed away recently without a will. She left a house with a mortgage (balance unknown)- my sister lived with her. I don’t want the house or anything else from the estate. Do I file a quit claim deed – if so, how? where? I live in FL. Can I file without traveling to NJ? Is there naything else I should know? Thank you.

4 thoughts on “quit claim deeds My mother passed away recently without a will.

  1. Re: quit claim deeds
    I am a Florida attorney, not licensed to practice law in New Jersey. Contact a lawyer in New Jersey who is well versed in real estate and probate matters. Your problem is not uncommon, and should be resolved without much expense or delay. The lawyer you contact should be concerned with only your interests, and not the interests of your mother’s estate or your sister’s interest in that estate. Good luck.

    Peter Gonzalez
    Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP
    2333 Ponce De Leon Blvd., Suite 302
    Coral Gables, FL 33134

  2. Re: quit claim deeds
    If the deed shows that title is held with your mother and your sister as joint tenants with rights of survivorship, then the house, by operation of law, passes to your sister. However, if the title of the house is only in your mother’s name and she died without a will, then it may be necessary to have an administrator for the estate appointed through the Surrogate’s Court. Under NJ law, if you die without a will, you are considered to die “intestate”. NJ intestacy laws control who inherits your mother’s assets. If she is only survived by you and your sister, then you would each inherit equally. However, if you do not want any interest in your mother’s estate (the house for instance) you can disclaim by executing a qualified written disclaimer renouncing all or a portion of your interest within 9 months from the date of your mother’s death (this renunciation must meet the requirements of NJ law to be valid and must be filed with the Surrogate’s court). If you should have any questions, please contact (by phone or email) our firm as we do not charge for initial consultations.

    Pamela C. Polifron, Esq
    Selesner & Polifron, PA
    225 Millburn Avenue, Suite 208
    Millburn, NJ 07041
    (973) 467-8000

    Pamela Polifron
    Selesner & Polifron, P.A.
    225 Millburn Avenue, Suite 208
    Millburn, NJ 07041

  3. Re: quit claim deeds
    If you want nothing from the estate, you should “renounce” your share. Your sister who lived with your mom should contact an attorney and have the attorney draw up a document where you renounce any right you have to any part of your mother’s estate.

    Amy L. Finch, 845-362-0387
    Amy L. Finch, Attorney and Counselor at Law
    280 Midland Ave, Saddle Brook, NJ 07663
    P O Box 89, Theills, NY 10984

  4. Re: quit claim deeds
    Agree with Amy.

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    11900 Biscayne Boulevard
    Miami, FL 33181

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