Legal Question in Real Estate Law in New York

Hi, My father has three kids 2 sons 1 daughter. his elder son is 26 years old, disable and receiving social security benefits. we take care of him.

my father has a house paying mortgage. he just have added my name (his Daughter) in the mortgage and deed. my question is that if something happens to my dad then how the property will be distributed. would it be transfer to mine name automatically or since my brother is disable and he is collecting social security benefits.then the state will take over the 50% share. i know that me and my other brother is always there to take care of him. my father wants to know how we should add names in the deed so the house transfer to me and my other brother's name and state won't have any right for property share.

please help. thanks very much in advance


Asked on 4/06/12, 9:38 am

1 Answer from Attorneys
Jeff Rombaut Jeff Rombaut Sole Practicioner

He can deed a future interest to you for 1 dollar and retain the life interest. Upon his death the property would be owned by you in fee simple (outright.) It would not pass through the intestacy process. Please be sure to record the conveyance at the registry of deed's with the county. They may even have a form you can use.

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Answered on 4/06/12, 9:58 am


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