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If a home is willed to me do that make me the owner...and what lagel rights do i have when another person is power of attorney

Elizabeth, NJ |

i put 40,000 in renovation thinking the house is left to me in the will meaning my name is on the deed. i asked how much is taxes she tell me dont worry about that. cuz my aunt will make payments. now how is that if im suppose to be left the home

Attorney Answers 4


  1. Much more information is needed. Has the will been probated yet?

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


  2. Just because your name is in the will does not mean your name is on a deed or that you will receive the house. You should go see a lawyer on this issue to help tell you where you stand.

    This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.


  3. Not to be cold but did the person leaving you the house expire? If not the will can be changed at any time. If the person leaving you the house has expired the power of attorney no longer exists. If he/she is still alive then the power of attorney is valid.


  4. Based on the information you provided, one cannot determine if you are the owner of the property. If the property owner is still alive, your interest is not "vested", and his/her will can be changed at any time, removing you from future ownership. If, on the other hand, the owner passed away already and the will indicates that you are to receive the house, then you need an attorney to prepare the necessary documents for a deed transfer (the executor/trix will need to sign these documents).

    The owner may have put your name on the deed (which you can check through the local Court Clerk's website). It is also possible that the owner put someone else's name on the deed, in which case any directions in the will could be a nullity.

    Assuming you have not come into legal ownership at this point, you should meet with an attorney. You could have secured your $40,000.00 investment with a mortgage on the property and a note against the owner. This would protect your $40,000.00 in the event the will was changed or the deed was changed prior to the owner's passing.

    This post was prepared for informational purposes only and is neither intended nor shall it be interpreted to be legal advice or opinion or the establishment of an attorney-client relationship. Without meeting or speaking with you, the Law Offices of Apicelli & Costanzo cannot give you appropriate legal advice as we need to first understand your personal factual scenario. If you are interested in speaking with an attorney at the Law Offices of Apicelli & Costanzo, please visit www.trnjlaw.com for pertinent information.

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