Pilesgrove, NJ Estate Planning Law Firms & Lawyers

I'm not sure if you are asking if you have to pay all of the taxes when your mom dies, or now.  When your mom dies the Estate will be responsible for paying taxes on the house until it is transferred into you name and your brother's name.  The Estate will consist of all of your mother's assets, other than the house, and the money that is in the estate will be used to pay all of her last bills, and costs associated with administration, etc.  One thing you should keep in mind, if you live with your mother, and she ever needs to go into a nursing home, the house is an exempt asset and can be transferred directly to you.

If the house was left to you ion the will, then you are entitled to the house.  However, you cannot disinherit your spouse.  A married person is entitled to claim an elective, or statutory, share of an estate. The share the surviving spouse can claim is about 1/3.  So, if your mother died leaving you the house, but nothing to her spouse, then her spouse can claim a portion of the estate but not the whole house.  The elective share is something that has to be affirmatively asserted in court, it is not automatic, and if the surviving spouse does not claim it, it is waived. 

Your mom would have to sign a deed transferring the property from her to you and her.  As the surviving spouse, she now owns the property and will have to present a copy of your dad's death certificate.  You should be careful that your sisters do not object to this, or that a claim could be made that you are unduly influencing your mother to give you the property.