Legal Question in Real Estate Law in New York
Deed transfer to children
SUMMARY: My father passed many years ago and the deeds still have him on as sole owner. My mother has never removed his name and has been caring for the property in New York State. At this time, Mom has emotionally disowned her adult son, my brother, AND does not want the property anymore, AND wants to transfer the property to me now her only other child.
QUESTIONS:
1) Which deed do we use to transfer the property (dead father to child, living mother and sibling). A gift deed, a quick claim deed, or other deed type? and why.
2)
PS- We will prepare and file the deed ourselves.
1 Answer from Attorneys
Re: Deed transfer to children
If the father had a will, property must be passed from dead father to will beneficiary to child.
If the father did not have a will, property must be passed by intestate. This generally means 1/2 to mother and remainder to brother and you. Thereafter, the transfer is from mother and brother to you.
Normally, these transfers are done by an executor's deed.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
