Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My Mother wants to leave her house to me when she passes away and has decided just to leave money to my brother. Can she put that in her will and just go to Superior Court to change the name on the real estate transfer tax declaration and remove my brother’s name on the card?”
Question: The answer to your question is probably yes. You can certainly use a will to direct how particular assets will be distributed on your death. However, I’m not familiar with the transfer tax declaration procedure that you’re referring to, so I’m not sure exactly how you would go about doing that. However, the attorney who drafts the new will should be able to tell you the correct procedure in your state.
