Legal Question in Elder Law in New York

Is there a deadline in New York to get real estate out of a decedent's name and into the names of the decedent's beneficiaries named in the last will or can a decedent's name be left on the title to real property indefinitely?


Asked on 9/11/15, 7:27 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

It depends on what the Will says. There's technically no time period in which the property need to be transferred out of the decedent's name; some estates remain open for decades. However there are practical considerations, such as it's going to be a whole lot less time and expense and aggravation to do it now rather than years from now. For sure. And then if there's a mortgage on the house, that has to be addressed. And secondly, you mention the 'decedent's beneficiaries', which implies more than one. How are the beneficiaries going to agree to leaving the house in the decedent's name? I wouldn't. Unless there are some facts or circumstances which outweigh all other considerations, very few lawyers would agree it's a good idea to leave real property in a decedent's name. The property tax bills, etc., will all be coming in the decedent's name. It's a mess.

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Answered on 9/11/15, 7:48 am


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