Legal Question in Elder Law in New York

Re: house going into probate

Good question. If you die without a will the legal process to distribute your property is called "administration," and the procedures are pretty much the same as probate. I'm not sure what you mean by asking whether your house will "go right to them" at your death. There is always a legal process to follow to transfer property, whether it's after death or a simple sale. A deed has to be recorded and lots of papers filled out; whether it's "difficult" or not is a matter of opinion. Yes, your daughters should inherit the house equally, but sometimes there are lots of issues which get in the way of this simple distribution scenario.

If your affairs are simple and straightforward there's really no reason not to see a laywer to have a will prepared; it's pretty inexpensive and you'll have certainty and peace of mind. If your affairs are more complicated, then this is even more of a reason to see a lawyer to have your will prepared. Plus, depending on the value of the house, you may or may not want to talk with the lawyer about tax planning or Medicaid planning. Really, this is not a place to be penny wise and pound foolish. Go into town and find a lawyer to do your will.

Good luck.

Rick Bryan

New York, NY